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(영문) 창원지방법원 2020.06.10 2020고단38
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On December 1, 2019, at around 01:20, the Defendant driven the said car while under the influence of alcohol of 0.115%, and led to two-lanes among four-lanes of the road at approximately 138.7km in the direction of the port of South and North Sea, which is located on the actual phase of Kimhae-si.

At the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear of a person engaged in driving of a motor vehicle, as it was night and under the situation of getting off and off.

Nevertheless, under the influence of alcohol, the Defendant’s negligence of driving a motor vehicle by negligence and led the victim C(31 years of age) to the right side part of the victim C(31 years of age) driving in the front section of the motor vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as salt, tensions, etc. in light of the following conditions: (a) the victim E, a passenger of the said rocketing car, suffered approximately two weeks of medical treatment; and (b) the victim E, a passenger of the said rocketing car, suffered from the injury, such as salt, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the B Ap-p-p-p-p-p-p-p-p-p-h-h-h-n-n-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, an accident site photograph, notification on the results of the regulation of drinking driving, report on the state of drinking drivers, and medical certificate;

1. Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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