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(영문) 창원지방법원 2017.01.13 2016고단3442
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a driver of lurged passenger vehicle B.

On October 13, 2016, the Defendant was under the influence of alcohol content of 0.107% from blood transfusion around 07:30 on October 13, 2016, and the Defendant was driving in one lane among three-lanes in the direction of viewing crossing from the commercial direction on the side of the Mat in the city of Changwon-si, Sungwon-si.

At the time, since the red vehicle signal, etc. was turned on, in such a case, the driver of the motor vehicle had a duty of care to look at the front and left side of the motor vehicle and proceed with the accident, despite the fact that there was a duty of care to do so under the influence of alcohol, the defendant, while neglecting it, caused the part of the victim C (23 h)'s left side of the traffic signal at the front side of the traffic signal at the front side of the motor vehicle of the defendant, to be shocked with the front side of the right side of the motor vehicle of the defendant.

As a result, the Defendant suffered injury to the victim C, such as a salt control unit in charge of the left-hand side, which requires approximately two weeks of treatment, and the victim E (V, 22 years of age) who is the passenger of the above C driver's vehicle, suffered injury, such as a salt control unit in charge of the right-hand side necessary for treatment for about two weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol content of 0.107% in blood at a section of approximately 1 kilometer from the Sungdong apartment in the Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si, to the roads adjacent to the Matro in the city of Changwon-si, which is identical to paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A criminal report and a statement of actual investigation;

1. A medical certificate of injury (E, C);

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Facts constituting an offense: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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