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(영문) 창원지방법원 2016.12.15 2016고단3408
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a marina car;

On October 3, 2016, at around 05:00, the Defendant driven the said car with the alcohol concentration of 0.126%, and driven it along the two-lanes in front of the Ejungue station D in Changwon-si, Changwon-si.

At the time, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering and brakes and accurately manipulating the steering and steering system.

Nevertheless, the defendant neglected this and got the back part of the G urban bus driven by the victim FF (year 47) who was driving in the same direction at the front section of the same direction by the negligence of changing the course to a three-lane only, and driving in the same direction.

The Defendant suffered injury, such as the right shoulder, which requires treatment within a week from the victim due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the Maz car within a three-lane radius from the Defendant’s house located in the J in the J in the Chang Sea-gu, Changwon-si, Jinwon-si, to the e station in the Jinhae-si, Changwon-si, Changwon-si, while under the influence of alcohol with a blood alcohol concentration of 0.126% at the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Reports on internal investigation by the victim;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in which punishment is imposed, imprisonment without prison labor or the crime of violation of the Road Traffic Act shall be sentenced;

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