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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1978
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Clearning car.

On October 22, 2016, the Defendant driven the said car under the influence of alcohol level of 0.098% from blood alcohol level around 05:15 on October 22, 2016, and proceeded with the national highway No. 14 of the 3-lane distance, which is located in the gular rith of the Yong-gu in Yong-gu at the time of common use, from the intersection to the parallel, at a non-permanent speed.

At the time, the victim D(58 tax) was driving

Since the EKan Law is proceeding, there was a duty of care to prevent accidents on the part of a person engaged in driving service by thoroughly operating the front hour in a clear mind, and accurately operating the steering and operating system in a clear mind.

Nevertheless, the Defendant neglected this and neglected to drive a stroke while under the influence of alcohol, and neglected to do so at the front week, and received the part of the knife car behind the knife car as part of the front part of the knife car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks’ medical treatment due to occupational negligence as above.

2. On October 22, 2016, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.098% from the 30km section to the tri-distance road located in the C-U.S. in the C-U.Y. at the C-U.S. at the C-U.S. C-U. at around 05:15 on October 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Notification of the results of the crackdown on drinking driving, the survey report on actual condition, the field photographs of the accident, and the application of statutes;

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol, the choice of imprisonment with prison labor).

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