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(영문) 창원지방법원 통영지원 2014.12.30 2014고단699

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 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 who is engaged in driving of a passenger car vehicle CA (i) 30.

On June 8, 2014, at around 05:00, the Defendant driven the above passenger vehicle at a speed of 0.123% with a blood alcohol concentration of 0.123%, and, at the same time, the Defendant driven the ditch belt located in the ciphohoe at the scopic fri, the Defendant proceeded at a speed of about 50km in the direction of the head of the Tong-gu.

Since there is a central line, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle in compliance with the order of the vehicle.

Nevertheless, the Defendant neglected this and received the front left-hand side of the victim D(44 years old) E-Poter 2, which is in progress in the opposite lane due to the negligence of driving the center line, as the front left-hand side of the vehicle operated by the Defendant.

As a result, the defendant suffered from a narrow selfy that needs to be treated for about four weeks.

2. Around 05:00 on June 8, 2014, the Defendant driven a vehicle as stated in the preceding paragraph, while under the influence of alcohol by 0.123% of alcohol concentration, from the day before the front of the road in the front of the road in the front of the ditch at the time of the black-si. In short, the Defendant driven a vehicle at the preceding paragraph, while under the influence of alcohol by 0.123%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A fact-finding survey report and a report on detection of a host driver;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of a person causing bodily injury by occupational negligence, the choice of a person

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The suspended sentence is among the reasons for sentencing under Article 62(1) of the Criminal Act.