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(영문) 창원지방법원 진주지원 2019.06.13 2019고단231
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

At around 07:20 on February 28, 2019, the Defendant, while under the influence of alcohol of 0.081% of blood alcohol concentration, was driving ahead of the “D” restaurant in Scheon-si C at a speed of about 30km from E to Scheon-si.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in smoke by accurately manipulating the front, rear, and left and right of the motor vehicle and driving the brakes, steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the Victim F (the age of 54) who was in progress before the Defendant, and was driven by the Victim F (the age of 54). The Defendant got off the G CTRUSSSER car, followed by the Defendant’s trucking part in front of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered injury to the above victim and the victim H (58 years of age) who was a passenger of the said passenger car by occupational negligence as above, respectively, for approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant from the front of the “Jmaart” road located in J-si at a temporary border such as Paragraph 1 to the front of the “D” restaurant located in Sacheon-si, the Defendant driven B 2 B-type truck under the influence of alcohol of about 44km in a section of about 0.081% of blood alcohol concentration, from the front of the “D” restaurant located in Sacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Five copies of an accident site photograph;

1. Application of Acts and subordinate statutes to a traffic accident report, notification of the results of the control of drinking driving, report on the circumstantial statements of a drinking driver, investigation report (including a victim's telephone statement and reception of a petition)

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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