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(영문) 창원지방법원 통영지원 2015.07.23 2015고단541
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

On February 21, 2007, the Defendant was sentenced to a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court’s branch court on February 21, 2007, and on March 27, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

The Defendant is a person who is engaged in the duty of driving a Grand bus with the Grand City.

On June 4, 2015, the Defendant driven the above mix while under the influence of alcohol of 0.120% with blood alcohol concentration of 0.120%, and driven the two-lane road in front of the Dju point in C at macro-si, along two-lanes, proceeded at the speed of about 40 km from the right side of the Gomun Residents' Center to the Yongsan Village at the speed of 40 km.

At night and the defendant was trying to change lanes, so in such cases, the driver of the motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction, etc. in advance, and to prevent accidents by safely changing the lanes through the safe consideration of the traffic situation of the front and rear left-hand.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane to a one-lane, and the victim E (the age of 42) was driving at the right door of the Firing Motor Vehicle, which was driven by the victim E (the age of 42). The shocking Motor Vehicle, which was parked on the right side of the said two-lane, led the Defendant to take the front side of the said HEF Station or other motor vehicle into the right side of the said passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification with previous records, etc.), application of statutes on judgment;

1. Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the Criminal Act;

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