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(영문) 창원지방법원 2016.09.30 2016고단1805
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 28, 2016, the Defendant was under the influence of the alcohol level of 0.129% from blood alcohol level around 00:20 on May 28, 2016, the Defendant driven a B Track car at the section of about 30 km from the front of the current audit distance in the city of Jin-gu in Busan, to the road in the middle of about 25 km in the central highway located in Kimhae-si.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BTrack car.

around 00:20 on May 28, 2016, the Defendant, while under the influence of alcohol, driven the said Track car and continued to drive it on the two-lane road, approximately 25 km away from the central highway located in the upper road of Kimhae-si.

At night, the victim C(32) driving in the same direction was behind the victim C(32) driving in the same direction, and thus, despite the duty of care to ensure and proceed with safety distance, the person engaged in driving service did not neglect it while under the influence of alcohol, and the defendant was found to have immediately discovered the victim's vehicle due to the negligence of driving in the vicinity of the vehicle, but the defendant did not stop the vehicle, but received the rear part of the above set-off vehicle as the front part of the vehicle operated by the defendant.

After all, the Defendant suffered multiple typology in need of approximately two weeks of treatment to the victim C by occupational negligence as above, and multiple typology in need of two weeks of treatment to the victim E (27 years of age) who is a passenger of the fright car.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and an accident scene photograph;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The injury resulting from occupational negligence in each of the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3(1) and the proviso of Article 3(2) shall be applicable to the crime;

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