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(영문) 창원지방법원 밀양지원 2016.11.30 2016고단329
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

Criminal facts

The defendant is a person who is engaged in driving a B-Wood vehicle.

On July 4, 2016, at around 21:40, the Defendant driven the said automobile while under the influence of alcohol of 0.149% with a blood alcohol concentration of 0.149%, and driven the front road of a golf course in Gyeong-gun C from the distance of hot spring shooting to the zero point of view.

At the time, there are motor vehicles waiting at the front of the intersection through which the signal, etc. is normally operated, so there was a duty of care to prevent accidents by thoroughly manipulating the front-time and accurately manipulating the steering gear and operating system.

Nevertheless, as long as the Defendant neglected to do so at the front time of alcohol, the Defendant took part of the back part of the victim E (the 25-year-old driver’s vehicle) driving in the front of the Defendant’s vehicle as the part of the lower part of the Defendant’s vehicle, and due to the shock, the H coke of the victim G (the 32-year-old driver’s age-old driver’s license) driving in the traffic signal was pushed down in the front time of the traffic, and the Ccoke was able to get the back part of the traffic signal atmosphere while the vehicle was pushed down in the future.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence in light of the following: (a) the climatic and climatic salt, etc. requiring approximately two weeks of medical treatment; and (b) the victim G by suffering injury, such as the clisome and tension of the bones of wood, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Reports on the actual condition survey report, field photographs, reports on the occurrence of traffic accidents, inquiry into the results of the crackdown on drinking driving, reports on the actual state of drinking drivers, and reports on the results of the crackdown on drinking driving;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the statement of a driver of an I-Wood vehicle);

1. The fact of a crime caused by occupational negligence in each of the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1) and the proviso of Article 3 (2).

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