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(영문) 창원지방법원 통영지원 2013.06.04 2013고단124
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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving a B SP car as a duty.

On January 22, 2013, at around 00:55, the Defendant driven the said car while under the influence of alcohol with 0.076% of alcohol concentration, and turn it to the left at the seat of the Ariju Public Security Center in the area of treatment and south of the Ariju, which is located in the Ariju-dong in the Ariju-si.

Since there is a three-distance intersection where signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to make a left-hand turn to the straight signal under the influence of alcohol as above and received the part of the front right-hand right-hand side of the car driving of the victim C(56 years old) driving, which was directly under the direction of the Defendant’s proceeding, according to the direct progress signal from the part adjacent to the Defendant’s running direction.

As a result, the Defendant caused the victim C to suffer brain spathy in need of approximately four weeks of medical treatment, to the right-hand spathy, and to the victim E (the 43 years of age) who took spathy in the above occupational negligence, and caused the victim E (the 43 years of age) to suffer brain spathy, spathy, and spathy and spathy of spathy.

2. The Defendant violated the Road Traffic Act (driving) driving a car as set forth in paragraph (1) at a section of approximately 500 meters from the roads adjacent to the Aju-dong Large Apartment at the Aju-dong, Aju-dong, to the intersection of the Tridong, while under the influence of alcohol of 0.076% of the blood alcohol concentration at the time and time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crime, Article 268 of the Criminal Act.

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