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(영문) 창원지방법원 통영지원 2017.05.25 2016고단921

교통사고처리특례법위반(치상)등

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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

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of lurged B.

On March 4, 2016, the Defendant driven the above car at a speed of about 60km from March 4, 2016, and proceeded at a speed of about 60km from the surface of the east-gun, the west-gun, the East Sea, along the East Sea, with one lane in front of the external valley village at a speed of about 50km from the east Sea to the east Sea.

In such cases, the driver has a duty of care to accurately operate the steering and operating the steering system in preparation for a sudden situation at the same time with the care of the front and the left and right of the driver.

Nevertheless, while driving the said vehicle without obtaining a driver's license under the influence of alcohol level of 0.104% in blood, the Defendant suffered from the victim C (the remaining, 27 years old) who was on the top of the said vehicle on the right side by occupational negligence while driving the said vehicle under the situation where the left side of the said vehicle is rapidly operated, and transferred the said vehicle to the above-mentioned vehicle by debate, by taking the street number on the right side of the vehicle into consideration by the occupational negligence while driving the said vehicle under the influence of alcohol level of 0.104%. The Defendant suffered from the injury, such as an injury, such as an an ad hoc flacing the right side of the vehicle requiring about 10 weeks medical treatment, and the victim D (the remaining, 22 years old) who was on the back seat of the said vehicle with approximately 8 weeks medical treatment.

2. On March 4, 2016, the Defendant driven a vehicle with alcohol level B while under the influence of alcohol leveling 0.104%, without obtaining a driver’s license, from the front of the CU convenience store located in the east-gun, Gyeongnam-gun, the Gyeongnam-gun, at around 16:20 on March 4, 2016, to the front of the cU convenience store located in the same east-gun, the road located in the same 5km-gun, in front of the outer valley village located in the same Gun.

Summary of Evidence

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, an accident site photograph, a report on the detection of a driver at the main place, and a statement on the circumstances of the driver at the main place;