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(영문) 창원지방법원 거창지원 2015.11.04 2015고단219
교통사고처리특례법위반등
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

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 Category B car.

On August 8, 2015, at around 22:10, the Defendant, at around 22:10, proceeded in the direction of a water route in front of the rest area for the development of new management of the Gyeongnam-gun.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without the median line and prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was found to have been driving seated by the victim C(34 years old) who was driving on the opposite road at the time of the operation of the central line by neglecting the influence of alcohol, and was driving seated by the victim C(34 years old).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral alky, in detail as to which medical treatment for about two weeks is required.

2. Around August 22:10, 2015, the Defendant driven a mast car under the influence of alcohol with a blood alcohol concentration of 0.251% from a section of approximately 2 km from the road located in the Bupyeong-gun Innnam Development-Eup to the front of the rest area for cultivation in new management of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each investigation report (including attachment, etc. of telephone investigation and diagnosis reports, and written estimates);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of drinking driving and the choice of imprisonment) concerning criminal facts;

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