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(영문) 부산지방법원 2013.07.03 2013고단421
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On November 21, 2012, the Defendant was under the influence of alcohol with a blood alcohol content of 0.139% without obtaining a driver’s license on November 21, 2012, and the Defendant was under the influence of alcohol with a four-lane road in front of the outer convalescent center at the lower end of Busan located at the lower end of the lower end of the road, and the vehicle line was changed while driving along the three-lane road along the lower end of the road.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely change the vehicle line by operating a direction direction, etc., giving prior notice of change of course, and taking into account the situation of traffic before, after, and after,

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the vehicle line as it is and caused injury to the victim D(33 years of age) driving the E Spacting part of the victim D(33 years of age) driving along the two-lanes of the said road by taking the front part of the upper left part of the upper cargo, and caused the victim to suffer injury, such as salt, tension, etc. of the neck, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Violation of the Road Traffic Act concerning the selection of imprisonment without prison labor: Selection of imprisonment;

1. Of concurrent crimes, the defendant was punished several times by a fine due to drinking driving, etc. under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act among concurrent crimes, and the defendant was sentenced to imprisonment three times.

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