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(영문) 창원지방법원 2018.02.06 2017고단4291

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

1. The Defendant is a person who is engaged in driving a car BK3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 7, 2017, the Defendant driven the above car at around 00:45, and proceeded with two lanes of four lanes in front of the D Hospital, which is located in the window C of Changwon-si, under the influence of alcohol content of 0.110% during blood, in the influence of alcohol during blood.

The location is an intersection where a signal, etc. is installed, and in such cases, the driver of the motor vehicle has a duty of care to prevent the accident in advance by safely driving the traffic situation on the front side.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and caused the Defendant’s failure to stop in the front direction to the traffic signal atmosphere to the front part of the said car, following the F rocketing taxi, which was driven by the Defendant E (57 ).

As a result, the Defendant caused the victim to suffer injury, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle from a distance equivalent to about 1 km from the Gu tower near the window of Changwon-si to the front road of the D hospital located in the window of Changwon-si, Changwon-si, at the same time and place as above, while under the influence of alcohol by 0.110% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;