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(영문) 창원지방법원 2016.06.23 2016고단1105

교통사고처리특례법위반등

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 9, 2016, the Defendant issued a summary order of fines of two million won for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court around March 9, 2016, and issued a summary order of fine of three million won for the same crime at the same court around June 18, 2012.

On February 21, 2016, the Defendant, without a driver's license, driven B low-priced typing vehicle with alcohol content of 0.198% in blood, and proceeded into the side road of the building in front of the D cafeteria located in Kimhae-si, Kimhae-si, with the front side of the D king.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol and received the back part of the Flus Vehicle on the right side of the Flus Vehicle, which was driven by the victim E ( South, 46 years old) under the influence of alcohol, from the front part of the Flus Vehicle.

Ultimately, the Defendant suffered injury, such as tensions, salts, etc. of the bones of wood, etc. requiring two weeks’ medical treatment from the victim G (V, 42 years of age) who is the passenger of the victimized vehicle due to such occupational negligence, and the victim H (V, 43 years of age) suffered injury, such as light finites requiring two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by E;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.