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(영문) 창원지방법원 통영지원 2018.12.18 2018고단1230
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 19, 2018, the Defendant operated the said car on the 21:15th day from the chilling beach to the beginning of the chilling beach.

At the time, there was a victim sloped (30 taxes) belonging to C District of the Rab Police Station C District, and in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to drive the motor vehicle safely according to the victim's instructions while accurately operating the steering direction and brake system.

Nevertheless, the Defendant, by negligence of driving a vehicle under the influence of alcohol, tried to stop on the right side of the road by disregarding the direction of the victim who was making a stop on the right side of the road while neglecting it, and then escaped, and the victim was faced with the signal sealing on the left side of the vehicle with the highest driver's seat on the left side.

As a result, the Defendant suffered from the Defendant’s occupational negligence on the part of the victim the 3-day left-hand son’s trokes and tension, which requires approximately three weeks of medical treatment.

2. On August 19, 2018, the Defendant, while under the influence of alcohol at around 0.053% in blood, driven the said low-speed car at the 4km section in the vicinity of the dispatching elementary school, which is under the influence of alcohol at around 0.053% in the form of alcohol during the influence of alcohol at around 19:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver under the influence of alcohol, investigation report, investigation report on the situation of the driver under the influence of alcohol (report on the situation of the driver under the influence of alcohol), report on the circumstances of the person under the influence of alcohol, inspection report on actual condition, and application

1. Relevant legal provisions concerning facts constituting a crime and the points of choice of a punishment and of a punishment: Settlement of traffic accidents;

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