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(영문) 창원지방법원 통영지원 2019.06.20 2019고단310
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

Punishment of the crime

[criminal power] On December 24, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1 million, and on April 29, 201, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. On February 26, 2019, at around 22:40, the Defendant violated the Road Traffic Act (driving) and driven a D MINI Cooper S car under the influence of alcohol concentration of about 0.079% at the section of about 2.3km from the bus stops near the bus stops at the macro-si B to the front intersection located at the macro-si B.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car under the influence of alcohol at the intersection of the above C at the time and time set forth in paragraph 1, thereby driving the said car at the intersection from the direction of virtue.

The Defendant, while under the influence of alcohol, was negligent in neglecting the duty of the front left space and did not properly operate the brakes, etc., and caused the Defendant to turn to the left from the right side of the direction of the Defendant’s operation. The Defendant, while driving the Fra car, driven by the victim E (the 36-year-year-old) to the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Report on the status of the driver;

1. Each comparison with the enemy;

1. A medical certificate;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment shall be applied to the drunk driving;

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