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(영문) 창원지방법원 통영지원 2016.07.15 2016고단576
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2016, the Defendant: (a) driven a BRab other car under the influence of alcohol level of approximately 0.102% from the 20km section of blood alcohol level to the front road of the military unit located in the Samcheon-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, who is in the same gold-dong around 03:40 on February 20, 201, while under the influence of alcohol level of about 20km.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving a BRavi other car.

On February 20, 2016, the Defendant driven the said car under the influence of alcohol level of 0.102% from blood alcohol level around 03:40 on February 20, 2016, and proceeded at a speed of about 50 km in the direction of Si/Eup/Myeon at a speed of about 50 km in front of the military unit, which is in the history of Gosung-gun, Gosung-gun, Gosung-gun.

Since the center line is located in the yellow solid line, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the lane without breaking the center line.

Nevertheless, the Defendant, who neglected this and was driven by a victim C (38 tax) who was driven in an adjacent manner due to the negligence that was driven beyond the central line due to driving while under the influence of alcohol.

D Launaly, the upper part of the front part of the car was shocked into the front part of the car.

Thus, the defendant suffered injury, such as salt dump, which requires approximately two weeks of treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to survey the actual situation at the scene of an accident, on-site photographs, diagnosis certificates, and written estimates;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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