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(영문) 춘천지방법원 원주지원 2015.07.01 2015고단383
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 17, 2015, at around 15:25, the Defendant driven C cab while under the influence of alcohol alcohol content of about 0.081% from the parking lot of the Agricultural Technology Center located in the Geong-gun, an agricultural technology center located in the Geong-gun, to the front intersection of the Agricultural Technology Center located in the Geong-gun, a school-based public domain located in the Geong-gun, to the Keong-gun, in a 100-meter section.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

On April 17, 2015, at around 15:25, the Defendant driven the above cargo while under the influence of alcohol of 0.081% with a blood alcohol concentration, and made the left turn turn turn turn turn from the intersection of the Agricultural Technology Center in front of the Agricultural Technology Center, which is located near the breadth-gun, to the intersection from the direction of the Agricultural Technology Center.

Since signal lights are installed on the front side and there is a non-protection line sign, the driver of the vehicle has a duty of care to safely turn to the left by looking at the front side and the left side of another vehicle at the time of green light so that the driver of the vehicle does not interfere with the other vehicle at the time of green light.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left on the red signal, and was driven by the victim D(55 years old) who is straight from the left side of the Defendant’s course to the right side, and was driven by the victim D(55 years old) as the driver’s seat of the above cargo vehicle.

As a result, the Defendant suffered, from the above occupational negligence, injury to the victim, such as brain salin, which requires treatment for about three weeks, and injury to the victim F (F, 59 years of age) who was accompanied by the said rash car, including 4 and 6 on the right side, which require treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A survey report on actual condition (1), (2), and a report on actual status of the driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing traffic accident photographs;

1. Relevant Article 148-2 (2) 3 of the Road Traffic Act concerning the facts constituting the crime;

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