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(영문) 창원지방법원 2019.05.31 2018고단2410

교통사고처리특례법위반(치상)등

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

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On August 2, 2018, at around 09:00, the Defendant driven the said car while under the influence of alcohol by 0.199% of blood alcohol concentration, and driven the front road in Seongbuk-gu, Changwon-si, Sungwon-si, in the direction of F apartment in the direction of E.

At the same time, there was a vehicle under stop in order to turn to the left, so in such a case, there was a duty of care to prevent the accident in advance by properly manipulating the steering direction and brake system with a good turn to the driver of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not look well at the front left, and did not turn to the left at the front direction of the Defendant’s vehicle at the front direction by negligence, the Defendant followed the H SP car driven by G which was parked, and shocked into the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim I (the age of 31) who was on board the above SP car due to occupational negligence as seen above, such as for about two weeks in need of treatment, for about two weeks in the pelpel, for the pelpel, and for the injury of salt, tension, etc. in the pelpel and other details of unknown parts, and for about two weeks in need of treatment to the victim G (the age of 27).

2. The Defendant violated the Road Traffic Act (driving) driving a B rocketing car under the influence of alcohol content of about 0.199% from a distance of about 800 meters from the date of the temporary border set forth in paragraph (1) to the K T 3-meter from the Magsan-gu E, Sungwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G victim;

1. A report on the occurrence of a traffic accident and an accident photograph;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and inquiry requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Each relevant legal provision of the Act on Special Cases concerning the Settlement of Traffic Accidents;