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(영문) 창원지방법원 진주지원 2016.04.06 2015고단1109
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

Punishment of the crime

The defendant is a person who is engaged in the operation of Cunst Motor Vehicles.

On September 3, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.053% among blood transfusions on Sep. 11:15, 2015, and continued to turn to the left the left at the front of the entrance of the Dong-dong village located in the Dong-dong Eup in Jin-si, Jin-si at Jin-si.

Since there is a center line of yellow solid lines, a person engaged in driving a motor vehicle has a duty of care to thoroughly conduct the front-way duty and safely drive the motor vehicle with the duty of care.

Nevertheless, the Defendant neglected this and got the front part of the EVL125 motor bicycle driving by the victim D (71 tax) who passed a left-hand turn due to the negligence of the center line while under the influence of alcohol.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D, the injury of the flive flive flive flive flive flive flive flive flive flive flive flive flive flives, and the injury of the victim F, who was on board the flive flive flive flive flive flive flives

Summary of Evidence

1. Statement by the defendant in court;

1. Each G statement;

1. A traffic accident report;

1. A written appraisal of alcohol during blood;

1. Medical certificate (D), medical certificate (F);

1. Application of each statute on photographs;

1. Article 3 (1), Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2), Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. The punishment of imprisonment without prison labor and imprisonment with labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence shall be chosen;

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