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(영문) 창원지방법원 진주지원 2020.01.09 2019고단1264

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 16, 2009, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (driving without a license) at the Changwon District Court's Jinju on September 16, 2009, and on August 12, 2011, the same court issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving without a license) by the same court.

【Criminal Facts】

1. On July 19, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven B Poter vehicle while under the influence of alcohol by 0.123% of blood alcohol concentration, and led the Defendant to the Fluth from the E-section where the roads in front of the South and South Sea C are D.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as making a good report on the status of traffic on the road and accurately manipulating steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, sustained two weeks of injury to the victim H(Y, 36 years of age) who was making meals in a way of free frying due to the damage of glass windows by protruding the entrance door to the right-hand side of the running direction, resulting in the Defendant’s negligence, which led to the injury of the victim H(S, 36 years of age) in need of two weeks of treatment.

2. Around 11:53 on July 19, 2019, the Defendant driven B Poter under the influence of alcohol by 0.123% on the road at approximately 500 meters of alcohol alcohol level from the Defendant’s house located in Gyeongnam-gun I to the G restaurant specified in paragraph (1) located in the J of the South-west Sea of Gyeongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A H statement;

1. A medical certificate;

1. Report on each traffic accident, inspection report on each field, report on the situation of a drinking driver, report on the results of the drinking driving control, notification of the results of the drinking driving control, and photograph of a shot photo;

1. Each internal investigation report (the No. 11, 14, 22, 23 of the evidence list), the investigation report (the application of the Ba mark) 1.