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(영문) 창원지방법원 마산지원 2014.08.12 2014고단552
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 one ton cargo vehicle B.

On April 27, 2014, the Defendant driven the above cargo while under the influence of alcohol 0.145% of blood alcohol concentration at around 22:25 on April 27, 2014, and led the Defendant to drive the above cargo at a 0.145% of alcohol concentration, and proceed with the back of the 1-way Sinsan Sinsan-si Masan-si Masan-si Masan-si Masan-si, Masan-si

At the time, there were duty of care to accurately operate the steering gear and brake system for those engaged in driving service and to safely proceed by adjusting the speed in advance.

Nevertheless, the Defendant neglected to do so and went in the same direction and received the victim C (the age of 61) and the victim D (the age of 45) as the front part of the above cargo vehicle.

Ultimately, at around 22:25 on April 27, 2014, the Defendant: (a) caused the victim C’s occupational negligence by causing the victim C’s death from the F Council members located in the counter E of Chang-si, Changwon-si, Changwon-si to the long-term damage, etc. of chest uniforms; and (b) at the same time, the victim D suffered injury, such as the right slot, the right spane, and the right spane, the need for treatment for about 1

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

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

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