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(영문) 창원지방법원 2016.12.09 2016고단3044
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 is a person who is engaged in driving a vehicle B high-priced vehicle.

On July 26, 2016, at around 05:00, the Defendant continued the front roads of the Heak Middle School located in Kimhae-si, Kim Jong-si from the apartment room to the lot door.

On the other hand, there is a central line in which signal lights are installed, and a yellow-line line is installed, and thus a driver of a motor vehicle has a duty of care to safely operate the motor vehicle according to the traffic signal, despite the fact that there was a duty of care to safely operate the motor vehicle in accordance with the traffic signal, the defendant neglected it while under the influence of alcohol, but neglected it and proceeded with it while disregarding the fact that the signal is changed to a stop signal, the defendant received the front portion of the DNA cargo vehicle driven by the victim C (47 years old) who is driven by the central line, which is driven by the negligence going through by the collision of the central line to avoid the control camera over the signal violation while driving it.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of the body frame, etc., which requires approximately 10 weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (driving) the Defendant driven the above low-speed vehicle from the apartment parking lot of 12 apartment complex in the above temporary Kim Jong-dong at the same time to the roads of 0.124% of blood alcohol concentration in front of the oil middle school located in Kimhae-si in the apartment parking lot of 12 apartment complex at the above time and at the above time, while under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and an accident site photograph;

1. A medical certificate (C);

1. An investigation report (in cases of attaching photographs by cutting strings of straws and images);

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a blood alcohol appraisal report;

1. Relevant legal provisions concerning criminal facts: Article 3 (1), proviso of Article 3 (2) 1, 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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