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(영문) 창원지방법원 마산지원 2017.11.07 2017고단932
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 a car in the B SP area.

On August 13, 2017, the Defendant driven the said car under the influence of alcohol content of 0.124% in blood, and 0.124% in the direction of alcohol, and pushed the back of the victim C (e.g., 58 years old) who was under the influence of alcohol and stopped on the right side of the road due to occupational negligence, while driving from the opening of the dry field to the Dong-dong village at night, the Defendant shocked the back of the car on the front right side of the car in the above Spool-gu.

Ultimately, the Defendant, by occupational negligence, caused the above victim C to suffer injury, such as salt, tensions, etc., to a shoulder pipe, which requires a two-day medical treatment, and injury to the victim E (29 years old) who was on board the above high-speed car, such as salt, tensions, etc., requiring a two-day medical treatment, and the victim F (28 years old) suffered injury to the victim E (29 years old), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G statements;

1. Each written diagnosis;

1. A traffic accident report;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;

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