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(영문) 창원지방법원 밀양지원 2020.07.23 2020고단163

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for 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 rocketing car.

1. Around 20:10 on March 4, 2020, the Defendant driven the said rocketing car with the blood alcohol concentration of about 0.216% in the area of about 5 km from the D cafeteria adjacent to the D cafeteria located in C to the front of E in the same city.

2. Around 20:10 on March 4, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said rocketing car and drive it toward F.m. on the side of the Chuncheon three-lane road in the vicinity of the Chuncheon three-lane.

At night at the time, the victim G (n, 58 years old) was driving in the front and the HM6 car operated by the victim G, so in such a case, the driver of the vehicle had a duty of care to safely proceed with the accident by securing a sufficient distance to avoid the collision with the vehicle in front and to prevent the accident from occurring.

Nevertheless, the Defendant was negligent in neglecting it under the influence of alcohol as stated in paragraph (1) and was negligent in driving so as to prevent the Defendant, thereby suffering from an injury to the victim’s HM6 car in the front way, which caused approximately six weeks of treatment to the victim, thereby infringing on two cages that require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The application of Acts and subordinate statutes to the survey report on actual condition, model photographs, CCTV photographs, the report on investigation into actual condition of a drinking driver, the report on investigation (report on the circumstances of a drinking driver), the report on blood alcohol alcohol and the written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the selection of imprisonment with labor for a while on duty);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).