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(영문) 창원지방법원 통영지원 2016.09.30 2016고단1110

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

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 BF rocketing and other automobiles.

On July 17, 2016, the Defendant driven the said car on the front side of the Ropo-dong Jeju-dong Jeju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side and to accurately operate the steering and brake system.

Nevertheless, the Defendant neglected this, while driving a vehicle under the influence of 0.083% alcohol level in blood, received the part of the victim C (the 37 years old) (the 37 years old) who stops in the front of the passenger car in the front by the Defendant’s negligence.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim, such as light finites, which requires approximately two weeks of treatment, on the part of the victim E (hereinafter referred to as the "victim E"), suffered from the injury of finites, etc. requiring approximately two weeks of treatment, and on the part of the victim F (39 years of age) of the same passenger, on the part of the victim F (hereinafter referred to as the "victim E").

2. Around 16:00 on July 17, 2016, the Defendant driven a BF rocketing car under the influence of alcohol concentration of 0.083% while under the influence of alcohol level 0.083%, as described in paragraph 1, at approximately 500 meters from the area near the land adjacent to the Ropo-dong, Gapo-dong, Mapo-dong, to the front of the Mapo-dong Jeju apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Notification of the results of regulating the driving of drinking alcohol and a survey report on actual condition;

1. Application of each medical certificate, on-site photographing statute;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (referring to the injury caused by occupational negligence due to traffic accidents), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: