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(영문) 창원지방법원 마산지원 2019.05.14 2019고단113
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving of B1 ton B and II cargo vehicles.

On January 5, 2019, at around 17:35, the Defendant driven the above vehicle while under the influence of alcohol concentration of 0.064% without a driver’s license, and led the Defendant to directly drive the front road of the Changwon Mu City Member C from the opening of the Masan City to the Masan Masan Tri-range.

In such cases, there was a duty of care to prevent accidents by accurately manipulating the steering team and the steering gear for those engaged in driving service.

Nevertheless, while under the influence of alcohol, the part on the right side side of the vehicle of the E SPP driven by the victim D (W, age 37) who was under the influence of the signal stop at the front side by negligence while neglecting the duty of the front side while under the influence of alcohol was driven in front of the left side of the Defendant vehicle.

In the end, the Defendant suffered injury to the victim, such as catitis, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual survey report and on-site photographs;

1. Report on detection of drinking drivers, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the crackdown on drinking drivers;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. The crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment shall be punished by imprisonment without prison labor or a violation of the Road Traffic Act;

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