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(영문) 창원지방법원 2020.01.08 2019고단3274
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On April 27, 2009, the Defendant was issued a summary order of a fine of one million won by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 11:50 on September 12, 2019, the Defendant driven a DNA rocketing car under the influence of alcohol content of about 0.220% from the section of about 300 meters, from the road parking lot in front of the window at Changwon-si to the five-way road in Changwon-si, Changwon-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

2. 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 Drocketing car.

At around 11:50 on September 12, 2019, the Defendant driven the said car, and driven the five-way road from the window of Changwon-si to the Fridge from the intersection to the Fridge.

In this case, the driver of the motor vehicle has a duty of care to look at the traffic situation in advance and to prevent the accident by accurately manipulating the steering gear, brakes and other devices in advance.

Nevertheless, the Defendant neglected this, while driving in a drunken state as described in Paragraph 1, and was driven by the injured party G(the age of 42) who was driving at the same level, and received the front part of the H high-speed vehicle as the front part of the car driving in front of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim G, such as salt, tensions, etc. of a shoulder that requires approximately two weeks of medical treatment, and injury to the victim I (six years of age) who was on board the said high-est car together with another car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of the host driver;

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