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(영문) 창원지방법원 통영지원 2014.01.17 2013고단924
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 04:00 on October 27, 2013, the Defendant driven a B-to-purd vehicle with a blood alcohol content of 0.217% from the roads of the second apartment house in the Dong-to-dong without a common zone at the time of through-house to the roads adjacent to the common school in the same Dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On October 27, 2013, the Defendant driven a car as stated in the preceding port at around 04:00, and led to the intersection of a three-distance side of the common elementary school in the Dong-dong at the time of Tong-gu to the left left at the seat of the new Tong-gu Hospital from the north-gu bank.

Since there are no signal apparatus, a driver who intends to turn to the left has a duty of care to confirm whether there is a straight-line vehicle and to yield the course to the vehicle.

Nevertheless, the Defendant, as in Paragraph 1, was under the influence of alcohol and neglected to perform the above duty of care as well as the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand part of the Dren Karen car, which was left-hand at the intersection.

Accordingly, the Defendant suffered injury to the victim E (V, 49 years old) who was on the back of the car of the car of the car of the car of the above car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

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

1. The victim of a traffic accident under Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation intends to have the victim punished;

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