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(영문) 광주지방법원 2014.08.12 2013고단1620
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving of a Poter and a stable cargo vehicle B.

On October 04, 2013, the Defendant driven the foregoing cargo vehicle with a blood alcohol concentration of 0.170% 0.170% at a speed of 50 kilometers a speed of 50 kilometers a speed from the surface of the luminous terminal to the air-speed of 700 lanes in front of the Southern-dong, Seo-gu, Gwangju Metropolitan City.

At the same time, signal lights have been installed at the front door and the front door is not good at night, so in such a case, the driver engaged in driving duty has a duty of care to safely proceed by operating the steering gear and the steering gear accurately.

Nevertheless, by occupational negligence that did not operate normally steering and brakes while under the influence of alcohol, the suspect was faced with the part of the back part of the passenger taxi right part of the defendant's driver's driving of the victim C (mae.g., 51 years old) who was waiting in the same direction at the front of the same direction.

The Defendant caused the victim by negligence in the course of performing the above duties to suffer bodily injury, such as finite finites, which requires treatment for about two weeks.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to the traffic accident report (1) (1) and the actual survey report, the circumstantial statement of the driver, and the medical certificate;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) and (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

(b) Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Type 1 traffic accidents of which recommendations are given, the range of general traffic accidents shall be limited;

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