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(영문) 창원지방법원진주지원 2020.11.11 2020고단1660
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

1. On June 11, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) by driving a B Orer while under the influence of alcohol level of 0.182% on the blood alcohol level on June 11, 2020, and then moving the roads front of the DV points in Jinju City C from the E sexual bank to the F-type bank.

Since there are crosswalks on the front side, there was a duty of care to check whether there is a person who gets on a way to reduce speed and to see well the right and the right and the right, and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting his duty of care as a matter of course, got off the victim G (Nam, 23 years old) who was standing on the left side of the direction of the course due to negligence, and got out of the right side of the Defendant’s automobile.

The Defendant suffered from an injury to the victim by negligence in the course of performing his/her duties, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.182% at a distance of about 50 meters from a distance of about 50 meters in front of the “Dju store” located in H at the time of J at the time of a temporary border of paragraph (1) of this Article.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said motor vehicle not covered by mandatory insurance at a section of about 50 meters from the front distance of the “Dju” store located in J in J in J in the case of a temporary border of paragraph (1) to the front distance of the “Dju” store in Jinju City.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Automobile insurance policy, and mandatory insurance policy;

1. Reports on traffic accidents, survey report on actual condition, and photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. The commission of an appraisal;

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