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(영문) 창원지방법원 2020.07.22 2020고단1180
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person engaging in driving a Belgium car.

On March 29, 2020, at around 00:15, the Defendant driven the said car while under the influence of alcohol of 0.134% of blood alcohol level, and continued to proceed to the speed of the Defendant at an insurging distance from the surface of the Kimhae-dong post office located outside the Kimhae-si.

At the time, there is an intersection where signal lights are installed at night and at the front, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the passenger car, following the Dhived vehicle driven by the victim C(the age of 34) who is waiting for a signal signal in the front bank by negligence.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, injury to brain dead, etc., without an open two sufferings for about three weeks from the victim, and injury to the victim E (the aged 28) who was on board the said automobile from the said automobile with approximately two weeks of medical treatment. In addition, the Defendant suffered, respectively, injury to brain dead, etc., without an open two sufferings for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers, and the report on the actual situation survey;

1. Previous records of judgment: Application of inquiries, such as criminal records, and summary order statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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