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(영문) 창원지방법원 마산지원 2018.01.09 2017고단980
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle C.

On July 15, 2017, the Defendant, while driving the above vehicle under the influence of alcohol content of 0.062% during blood transfusion at around 20:0, while driving the E-ray in front of the E-ray D in Chang-si, Chang-si, Chang-si, the Defendant, by negligence in the course of business, caused the victim F (F), who was a victim’s f (36 years of age), and G (8 years of age) who laid down the crosswalk on the right side from the left side of the Defendant’s running direction, without thoroughly examining the front side of the E-ray in front of Chang-si, Chang-si, Chang-si.

Ultimately, the Defendant, by occupational negligence, caused the above victim F to suffer injury to sugar et al., which did not have any wound in two open areas requiring approximately three weeks medical treatment, and the victim G suffered injury, such as sugar having no wound in two open areas requiring two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each written diagnosis;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to the statement of the circumstances of drivers working at the main place, investigation reports, and reports on detection of drivers working at the main place;

1. Article 148-2 (2) 3 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 6 and Article 8 of the same Act concerning the facts constituting an offense (the injury caused by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for crimes violating the Traffic Act at the option of a sentence, and a sentence of imprisonment without prison labor for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

The crime of this case is committed against the victims who had a crosswalk in accordance with the signals while driving under the influence of alcohol.

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