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(영문) 창원지방법원 2018.03.29 2017고단4335
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle of CM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 18, 2017, while under the influence of alcohol 00:45, the Defendant made a turn to the left in the direction of the support maintenance factory in the franchising direction the three distance in front of the “E” located in D, the window of Changwon-si, Changwon-si while under the influence of alcohol 0.123%.

Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving duties to drive in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at a straight line due to occupational negligence, caused the injury to the victim, such as the salt, tensions, etc. of the rash that requires approximately two weeks of treatment, by shocking the part on the left part of the GM5 car of the victim F (27 years old) driving in accordance with the new subparagraph.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a CM3 vehicle at a section of about 4 km from the front day of the Changwon-si, Changwon-si, a window of Changwon-si, the Changwon-si, which is located in D, in the Changwon-si, under the influence of alcohol concentration of 0.123% during the day-to-day alcohol during the influence of alcohol at the same time as that set forth in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the detection of a primary driver;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, 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 concerning facts constituting an offense (a point of drinking);

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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