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(영문) 창원지방법원 밀양지원 2014.08.29 2014고단224
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM520.

On May 20, 2014, the Defendant, while under the influence of alcohol of 0.231% of the blood alcohol concentration on May 20, 2014, driven the said car, and driven the two-lane road in front of the bus terminal in the fast-sea mobile transit time, along one lane from the distance from wholesale electricity wholesale to the Yong-Nam Hospital.

As above, the Defendant, while driving a vehicle under the influence of alcohol, caused the back wheels of the victim C(74 years old) driving D 110cc U.S., which was driven in the front bank due to negligence while neglecting the front line, to the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving BM520 automobiles under the influence of alcohol with the blood alcohol concentration of 0.231% at the same time and at the same place as stated in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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