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(영문) 창원지방법원 2017.06.21 2017고단1194
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B rocketing car.

On March 31, 2017, the Defendant driven the above car at around 01:28, and proceeded at a speed of about 50 km from the side of the Do square to the Changwon-si, 217, a 36-lane 4-lane 36, a channel from the Do square, to the 3-lane 50km from the Do square.

At the time, there are nights and fronts of the Defendants, and in such a case, there was a duty of care to reduce the speed and to prevent the accident by properly examining the right and the right of the driver in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (50) who was in the atmosphere of the signal due to negligence while neglecting the front time of the vehicle, and was driven by the victim C(50).

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc., in which approximately two weeks’ medical treatment is required, and suffered injury to the victim E (55 years) who is the fluor of the said fluorous fluoral fluor, such as base salt, etc., for about three weeks, the victim F (46 years), the victim G (39 years of age), and the victim H (29 years of age), respectively.

2. Defendant 1 was under the influence of alcohol level 0.104% during blood transfusion, and Defendant 2 driven the said vehicle at a distance equivalent to approximately KRW 1 km from the day before a restaurant in the name of “J” located in the window I of the Changwon-si, Changwon-si at the above day to the front of the lusular plaza in the same way as that of the lusular-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.

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