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(영문) 창원지방법원 2017.08.30 2017고단2526
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] Violation of the Traffic Act (Drinking in 201): Fine of one million won for a violation of the Traffic Act (Drinking in 201) on the Road (Drinking in 2014): Fines of four million won / [criminal charge]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person driving a B trop car.

On June 29, 2017, the Defendant driven the said car under the influence of alcohol of 0.108% in blood without obtaining a driver's license on June 29, 2017, and led the Defendant to drive the said car according to one lane on the surface of the original underground roadway, which is located in C at the window of Changwon-si, Changwon-si, along four lanes in front of the C, at the intersection of the three-lane road, from the lower underground roadway.

Since there is an intersection where signal lights are installed, in such cases, a person engaged in driving duty has a duty of care to live well and safely drive the signal in compliance with the signal.

Nevertheless, the Defendant neglected this and received a part of the left-hand part of the driving seat of the victim E(42) high speed cross-speed bus stopping in the signal atmosphere from one lane adjacent to the driving direction of the car driven by the Defendant by negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as salt, tension, etc. in a shoulder pipe, which requires approximately two weeks of medical treatment.

2. The Defendant, without a driver’s license, driven the said vehicle at approximately 3 km to the D km of Changwon-si, the accident location of which is located at the top of the 49 U.S. Changwon-si, in the state of alcohol level of 0.108%, while under the influence of alcohol level of 0.108% in blood, and driving the said vehicle at approximately 3 km to the D km of the D 3km of Changwon-si, the accident location of which is the accident location.

Accordingly, the defendant, who has violated the prohibition of drinking at least twice, is driving a motor vehicle under the influence of alcohol in violation of the above provision.

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