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(영문) 창원지방법원 진주지원 2018.01.30 2017고단1035
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaged in driving a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to safely operate the steering system, such as protecting the train line, keeping the steering right well, properly operating the steering wheel and brake system.

Nevertheless, the Defendant was negligent in driving a motor vehicle while under the influence of alcohol without obtaining a driver's license and driving the motor vehicle at the center, leading the center line, and was in the front part of the victim C(58) driving that was normally driven on the opposite line.

Ultimately, the Defendant suffered injury to the victim under the real name of the left side due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dlessing without a license) on the same day, driving the said B-hand passenger vehicle while under the influence of alcohol with approximately 0.147% alcohol concentration at the 3km section of the vehicle’s blood alcohol level, without obtaining a driver’s license, from the “new funeral wedding place” located in the Jinnam-gun of the Hanam-gun of the same day to the roads front of the sexual village located in approximately 739-4 as the opening of the appeal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, on-site intensity, on-site photographs, and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to medical certificates, heavy injury opinions, and statutes;

1. Article 3(1), proviso 2, 7, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 Subparag. 2, Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (unlicensed Driving) concerning criminal facts.

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