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(영문) 창원지방법원 마산지원 2016.08.10 2016고단597
교통사고처리특례법위반등
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 drives a two-way passenger car.

On May 9, 2016, the Defendant driven the said car under the influence of alcohol level of 0.134% during blood transfusion around 23:40, while driving the said car, and driven a five-lane road near the D’s intersection of oil station in the Changwon-si Member C in Changwon-si, the Defendant driven a two-lane road at a speed of about 30km in the direction of the Masan IC.

At the time, there is an intersection at night and a signal at the front, so a driver of a motor vehicle has a duty of care to properly manipulate the steering gear and brake system and prevent the accident from occurring.

However, under the influence of alcohol, the Defendant’s negligence while neglecting it, led the victim E, who stopped at the front line under the F-A-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.

Defendant 1 suffered injury to the victim E by negligence in the course of performing the above duties, such as brain salvine which requires approximately three weeks of medical treatment, injury to the victim G, such as light and salvine, which requires approximately two weeks of medical treatment, and injury to the victim I, such as light salt, tension, etc. which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by E, I and G;

1. Reporting of a traffic accident (1);

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs of a traffic accident;

1. Application of each statute to I, G, and E;

1. The Road Traffic Act applicable to criminal facts;

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