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(영문) 창원지방법원 마산지원 2013.11.19 2013고단610
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 25, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; on January 19, 2009, the Defendant received a summary order of KRW 2 million from the same court as a fine for the same crime; on July 16, 2009, the same court was sentenced to a suspended sentence of KRW 10 million for six months in imprisonment for a violation of the Road Traffic Act; on March 18, 2010, the same court was sentenced to a fine of KRW 10 million for the same crime.

The Defendant is a person who is engaged in the driving of freight B and B.

On July 10, 2013, at around 00:56, the Defendant driven the above vehicle while under the influence of alcohol of 0.099% of alcohol concentration, and led to the flow of the road in front of the Hyundai Franman in Changwon-si, Changwon-si, Busan Metropolitan City, and then about 50km of speed depending on the two-lanes of speed.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as: (a) the victim C (the age of 57) was followed by the Dgallon gallon that the victim C (the age of 57) drive; (b) the driver of the vehicle had a duty of care to prevent accidents in advance, such as: (c) the driver of the vehicle was well aware of the situation; and (d) the driver of the vehicle was able to avoid the collision

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle by negligence on the front side while neglecting it, found late to stop the gallonel in accordance with the suspension signal of a vehicle on the front side by the gallon. However, the Defendant did not stop the gallon, but did not stop the gallon and received the behind part of the gallon II gallon vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim C, such as the victim E (at 50 years old) and the victim F (at 59 years old), who was on board the said gallon gallon, due to the above occupational negligence, for about two weeks of crymal treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement 1.

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