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(영문) 창원지방법원 진주지원 2014.10.01 2013고단478
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On February 20, 2009, the Defendant issued a summary order of 1,50,000 won for a fine for a violation of the Road Traffic Act, etc. at the Changwon District Court's Jinju branch on February 20, 2009, and on March 8, 201, by the same court on March 8, 201, a fine of 1,50,000 won for a violation of the Road Traffic Act.

1. Around 02:00 on March 4, 2013, the Defendant driving a vehicle in C the Cmecin from the day before the Jeju-si Haak Road located in the lower-dong of Jinju to the front of the Dong middle school located in the same city of Geumsan-si, while under the influence of alcohol content of 0.114%.

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 Ctea vehicles.

On March 4, 2013, at around 02:00, the Defendant driven the above Gucas, while under the influence of alcohol, and proceeded with the two-lane road of the front side of the Dong middle school in the Jinju City, which is located in the Jinju City, from the boundary of the postal concentration station to the gold-ho elementary school.

Since there is a center line of yellow solid lines and a road bended on the right side, the driver has a duty of care to maintain the proper speed and operate the steering and brake system accurately while complying with the vehicle line.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리한 채 조향장치를 제대로 조작하지 못하고 중앙선을 넘어 좌측으로 진행한 과실로, 마침 피고인의 맞은 편 편도 2차로 도로의 1차로를 따라 정상적으로 진행하여 오던 피해자 D(46세)이 운전하던 E 125cc 오토바이의 전면 부분을 위 테라칸 차량 앞부분으로 들이받아 그 충격으로 피해자를 오토바이에서 튕겨 나가 도로로 떨어지게 하였다.

Ultimately, the Defendant caused the victim to suffer from the above occupational negligence at around 10:30 on the same day, Jinju-ro, Jinju-ro, 79.

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