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(영문) 창원지방법원 진주지원 2017.05.31 2017고단132
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 is engaged in the business of driving Category B motor vehicles.

1. On January 22, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol content of about 0.110% in a section of approximately 800 meters from the Do to the “eth three-dimensional distance of the horse,” which is located at the lower-speed of Jinju-si, in lieu of Jinju-si.

2. On January 22, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said motor vehicle while under the influence of alcohol level of 0.110% among blood transfusions on January 22, 2017, while driving the motor vehicle at a speed of 0.110%, and driving the last three-lane distance, which is in substitution of the Jinju City, toward the Korean Agricultural Promotion Agency at a speed of no one-lanes between three-lanes.

At the time of night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to properly operate the steering room and the right and the right and the right of the motor vehicle, and to safely operate the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s front part of the Defendant’s vehicle, which was driven by the victim C (IS, 45 years old) who was waiting to turn to the right at the right be left at the bend of the bend.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an open wound around the snow and snow that requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Photographs related to accidents;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts, Article 3(1) and proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 268 of the same Act, respectively.

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