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(영문) 창원지방법원 2016.06.21 2016고단1044
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 26, 2004, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on the summary order on December 13, 201, a summary order of KRW 2 million for the same crime in the same court, and a summary order of KRW 4 million for the same crime in the same court on August 8, 201.

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a CV car.

On April 5, 2016, the Defendant driven the above car at around 23:30, and driven it at the speed of about 20 km in the speed of about 20 km from that on the north-distance to that of the Dong Kimhae-si, which is located in the fishing village of Kimhae-si.

At the time, since it is a road near the intersection in which a signal apparatus is installed at night and at the same time, the driver of the motor vehicle has a duty of care to avoid collision with the preceding motor vehicle by thoroughly operating the steering gate and the brake system thoroughly.

Nevertheless, the Defendant, while under the influence of alcohol, waited for a signal at the front by negligence while driving, was driven by the victim D(46 tax) of the E-7 passenger car driven by the Defendant, the rear part of the E-7 passenger car driven by the Defendant, and due to the shock, the said K7 passenger car was pushed forward in the front part of the victim F.F (W, 46 years old) who was standing in the front part of the said K7 passenger car and was waiting in the front part.

Ultimately, the Defendant suffered from the victim D’s occupational negligence with respect to the injury of saves and tensions that require approximately two weeks of medical treatment, and with respect to saves and tensions that require 10 days of medical treatment to the victim F.

2. The Defendant is under the influence of alcohol concentration of 0.103% from the 1km section from the singing on the road in the direction of Kimhae-si to the road in the vicinity of such Kimhae-si, the Defendant is under the influence of alcohol with the blood alcohol concentration of 0.103% from the 1km section in the direction of the road in the vicinity of such Kimhae-si.

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