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(영문) 창원지방법원 거창지원 2015.10.21 2015고단203
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 15, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Changwon District Court's branch on the grounds of the violation of the Road Traffic Act (driving). On December 23, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

1. Around July 15, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of about 0.053% from the 1km section of approximately 1km to the roads in front of the Defendant’s livestock shed located in Gohap-gun Village B around 12:25 on July 15, 2015, even though he/she had been punished twice or more due to a violation of the Road Traffic Act (driving).

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a observer car.

On July 15, 2015, the Defendant, while under the influence of alcohol 0.053% of blood alcohol concentration at around 12:25 on July 15, 2015, tried to drive the said vehicle and drive the said vehicle into a Drown-gun C and the front road in front of the Fncheon-gun C into a joint market room in front of the Fncheon-gun.

There is a place where the center line of yellow-ray is installed, and since Roterri is the entrance, a person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately manipulating steering devices, steering devices, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was unable to discover a HK3 car at the victim G (Y, 47 years old) driving at the entrance of the road at the entrance of the opposite part by negligence over the center line, while neglecting this, and received the back part of the damaged vehicle as the front part of the Defendant’s vehicle.

Ultimately, the defendant needs to give approximately six weeks of medical treatment to the victim due to the above occupational negligence.

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