logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.09.21 2016고단956
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

Criminal facts

On July 2, 2016, while under the influence of alcohol level of 0.072% among blood transfusion, the Defendant was running from the front of the building in front of a mutual influor XG car at a macro-si-si, to the front of the building in front of the front of the 100-meter long-distance intersection, from the 100-distance section to the front of the 100-meter long-distance intersection.

Since it is an intersection, there was a duty of care to check whether a person engaged in driving service has a vehicle that crosses by temporarily stopping at the right and the right by reducing speed and temporarily stopping, and to change course.

However, the Defendant neglected this, while under the influence of alcohol and did not live well on the right and the right and the left are negligent in driving the victim C(72 tax) driving on the left and right side of the front side of the road, and the Defendant got the victim C(72 tax) driving on the left side of the front side of the driver's car.

Ultimately, the Defendant driven the said car while under the influence of alcohol, and suffered injury, such as salt, tension, etc., of the trend that requires approximately three weeks of treatment to the victim by negligence in the course of performing the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Acts concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing bodily injury by occupational negligence, the choice of imprisonment without prison labor), Articles 148-2(3)3 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The Supreme Court;

arrow