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(영문) 창원지방법원 마산지원 2017.11.28 2017고단1031

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 driving a low-priced car.

On July 9, 2017, the Defendant, while driving the said vehicle under the influence of alcohol by 0.122% in alcohol during blood, was driving the said vehicle to E from the right edge of the front road located in Chang-si, Chang-si, Chang-si, Chang-si, E, the Defendant: (a) was under the influence of alcohol; (b) was shocking the part of the driver’s seat of the II vehicle in front of E, which is parked beyond the center line due to occupational negligence, beyond the center line due to the above low speed of the vehicle; (c) continued to drive the said vehicle to G hospital beyond the center line; and (d) was shocking the victim H (36 h) driving of the said vehicle to the right edge of the said vehicle by the back end of another vehicle in the highest direction.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties, resulting in the injury of the boom and tension of the bones, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and J;

1. The K's statement;

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

An unfavorable circumstance: An accident that is caused by three vehicles while driving under drinking.