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(영문) 창원지방법원 통영지원 2020.06.16 2020고단280
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in the driving of Bpoter vehicle;

On February 3, 2020, at around 20:51, the Defendant driven the above vehicle while under the influence of alcohol of 0.139% of blood alcohol concentration, and led the D cafeteria to proceed to the front of the D cafeteria, which is located in C at the time of Tong-dong Police Station at the seat of the west-dong Police Station.

At the time, there are nights and the center line of yellow solid lines at all times, so a person engaged in the driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle in the front and the motor vehicle is obliged to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so, while driving along a honded hondro with the central line under the influence of alcohol, brought the Fhond part of the front part of the car driven by the victim E (V, 52 years old) who was driving in a hond line due to the negligence of her driving.

As a result, the Defendant suffered injury to the victim, such as the need for treatment between approximately three weeks of occupational negligence, scinary salt, scinary salt, and other conical signboards, etc.

2. Violation of the Road Traffic Act (driving) driving a I Poter vehicle in the state of alcohol alcohol concentration of about 0.139% at the section of about 3 km from the H near the G at a temporary border, such as the preceding paragraph, to the D Poter road located in Tong Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1), Article 3 (2) (proviso) 3, and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter referred to as the “Traffic Accident Settlement Act”), Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The offense of violation of the Act on the Preparation of Traffic Accidents shall be committed;

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