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(영문) 창원지방법원 2020.05.22 2020고단426
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On July 6, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Changwon District Court.

【Criminal Facts】

1. On September 25, 2019, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was a person who is engaged in driving a car in Bnn route and operated the said vehicle at around 14:50 on September 25, 2019, and led the road near the intersection in the vicinity of the intersection in the intersection.

In such a case, the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to accurately manipulate the steering gear and brakes while driving the motor vehicle, and prevent the accident from spreading. However, the Defendant, while driving the motor vehicle under the influence of alcohol, was under the influence of alcohol, due to the failure to properly operate the steering gear of the motor vehicle and caused the road boundary to the front part of the motor vehicle and the front part of the motor vehicle due to the negligence that did not properly operate the steering gear of the motor vehicle, and suffered approximately 6 weeks off the right-hand frame for the victim C (V, 41 years of age) who is the passenger of the motor vehicle.

2. Around September 14:50 on September 25, 2019, the Defendant driven a vehicle B with approximately 10km in the state of alcohol alcohol concentration of about 0.031% from the E cafeteria parking lot located in Sacheon-si D to the same city F, and around G.

As a result, the defendant, who was punished for the violation of the Road Traffic Act, was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. The circumstantial statement statement of a drinking driver, investigation report, investigation report, investigation report (in case of a drinking-led traffic accident), and the ledger using the drinking-free measuring instruments;

1. A medical certificate;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Investigation report (verification of the same attached records), summary order, and application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Acts concerning facts constituting an offense and the Act on Special Cases concerning Settlement of Traffic Accidents:

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