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(영문) 창원지방법원 통영지원 2016.08.31 2016고단730

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 7, 2016, when the Defendant was under the influence of alcohol level 0.134% during blood alcohol level, the Defendant driven B rocketing and continued to drive a road, which is a two-lane 14-lane lad in the light drawing drawing at the time of passing through through, one-lane from the surface of the national highway to the surface of the 14th national highway at the time of passing through through, one-lane.

At night, at the time of the defendant's front time, the victim C(43) car driven by the victim C(43) was in front of the defendant's front time, so in such a case, the person engaged in driving service had a duty of care to thoroughly manipulate the front time and accurately manipulate the brake and steering gear to prevent the accident and prevent the accident from spreading.

However, the Defendant neglected to stop the Defendant’s vehicle, and the following part of the No.N. No.S. No.S. No.S. car, which was in the front of the signal, conflict with the front part of the Defendant’s car.

After all, the defendant suffered from the above occupational negligence, the injury of chills, tensions, etc. that require the above victim to receive approximately two weeks of treatment, and the injury of chills, chills, tensions, etc. that require the victim D (the victim, who was a passenger of the No.S. car in the above No.S.) to receive approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Each written diagnosis;

1. Each report on investigation;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (a point of causing bodily injury by occupational negligence) and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of driving under the influence of alcohol);

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

1. Determination of imprisonment without prison labor and imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;

1. Article 37 of the Aggravation of Concurrent Crimes Act.