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(영문) 창원지방법원 마산지원 2016.01.05 2015고단969

교통사고처리특례법위반등

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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

On October 14, 2011, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving on May 19, 201) at the Changwon District Court (drawing on May 19, 201). On November 3, 2015, the Defendant was sentenced to a suspended sentence of two years, and on November 3, 2015, was sentenced to a fine of five million won for the same crime (drawing on September 30, 2015) and has six times the same kind of power.

The Defendant is a person engaged in driving a rocketing car.

1. On October 18, 2015, the Defendant driven the said car under the influence of alcohol content of about 0.161% from the 8km section from the side of the answer market located in the counter-fest fest in the city of Changnam-si, Changwon-si to the entrance of the original Masan-gu, Masan-si.

2. On October 18, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) proceeded from the middle side of the west-gu, Changwon-si, Changwon-si, Changwon-si, Changwon-si to the intersection at the entrance of the west-si.

Since there is an intersection where a signal is installed, there was a duty of care for those engaged in driving of the motor vehicle to observe the signal and drive the motor vehicle safely.

Nevertheless, under the influence of alcohol as stated in paragraph 1, the Defendant was driven by the victim C (42 SM3) who proceeds from Gohap High School to the left side of the DM3 car driven by the Defendant under the influence of alcohol, disregarding and proceeding the stop signal of the intersection. The Defendant was driven by the front part of the DM3 car driven by the Defendant.

Ultimately, the Defendant suffered, from the above occupational negligence, the part of stuffs in need of approximately 2 weeks of medical treatment, and the victim E (V, 41 years of age) who is the son, from the injury of cage cages and tensions that require approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1.Each.