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(영문) 창원지방법원 2017.11.24 2017고단3135
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 18, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic laws (drinking driving), on June 2, 2008, to a fine of 4 million won for a violation of road traffic laws (drinking driving), and on August 2, 2008, to a summary order of 2.5 million won for a violation of road traffic laws (drinking driving), and was sentenced to a suspended sentence of 10 months for a violation of road traffic laws (dacting driving) at the Seo branch branch of the Daegu District Court on August 28, 2009.

On July 10, 2017, the Defendant, who is engaged in driving Cing MKS car, driven the said car under the influence of alcohol concentration of 0.056% at around 22:00 on July 10, 201, and driven the said car at a speed of about 20km per hour from the side of the Changwon-si at the window of Changwon-si at the speed of 130 degrees.

At this time, the defendant changed the three lanes from the three lanes to the two lanes, and in such cases, there was a duty of care to change the lanes by taking into account the traffic situation of the lanes to enter and the movement of the surrounding motor vehicles.

However, under the influence of alcohol, the Defendant was negligent in changing the lane as it is, and the Defendant was found to be late behind the E-rayed vehicle of the victim D(29 tax) driving in the two-lanes, and operated rapidly to avoid this, but did not avoid it, and was driven by the victim's driver in front of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions (1, 2);

1. Notification of the results of regulating drinking driving;

1. A written diagnosis of victims;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;

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