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(영문) 창원지방법원 2016.07.19 2016고단1529
교통사고처리특례법위반등
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

Criminal facts

1. On March 26, 2016, the Defendant driven a Bice vehicle under the influence of alcohol with approximately 0.148% alcohol concentration at approximately 4km from the 4km section to the front road of the 361-ro, Jin-si, Jin-si, Kim Jong-si, Kim Jong-si, in around 22:50 on March 26, 2016, the Defendant violated the Road Traffic Act.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving vehicles B.

On March 26, 2016, the Defendant driven the above vehicle at a speed of about 20km in the speed of about 30km in the middle of the third apartment complex, the 361-lane 361, Jin-si Kim, Jin-si, Kim Jong-si, the Defendant driven the above vehicle at a speed of about 20km in the speed of about 30km in the middle of the third apartment complex, from among the two-lanes, from among the two-lanes.

Since there is a private distance crossing that can turn left, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the front left and the right of the motor vehicle and driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, Defendant C (18 years old) driven the third apartment in the middle-interest 125cc c., which was driven on the third apartment in accordance with the Madle Shin, due to the negligence of left to the right from the front door of the apartment in the front direction, while neglecting to do so.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the part of the side part of the other side in need of treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C related to a traffic accident;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (referring to causing a traffic accident by occupational negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (referring to driving under the influence of alcohol);

1. A violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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