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(영문) 창원지방법원 2016.09.09 2016고단1773

교통사고처리특례법위반등

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 car in the B SP area.

The Defendant, while under the influence of alcohol level of 0.192% in blood, was driven by around 22:15 on June 11, 2016 to the direction of the parallel distance from the right side of the apartment house by using a mid-term distance from Kimhae-si, Kimhae-si on June 11, 2016.

In such a case, the driver has a duty of care to ensure the safety distance to avoid collision with the vehicle running ahead of it, and the defendant, even though he has a duty of care to ensure the safety distance to avoid collision with the vehicle running ahead of it, due to the negligence of being driven under the influence of alcohol, has the victim C(65) who stops for the waiting signal due to the negligence of neglecting it, and has the victim C(65) drive the vehicle driving behind the vehicle driving in front of the vehicle driving in the above SM5 SM5 vehicle, and caused the driver to go ahead of the vehicle driving in front of the above SM5 vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as sM5-car glass, without any wound in two open areas, requiring approximately two weeks of medical treatment, injury to the victim G (e.g., women, 56 years of age) who was accompanied by sM5-car glass and tensions requiring approximately two weeks of medical treatment, and injury to the victim E, such as class and tensions requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site map, actual condition survey report, and on-site photograph;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The point of injury resulting from occupational negligence in each of the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1), Article 3 (2) (proviso) 8 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 30 and 40 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of penalty;