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(영문) 창원지방법원 통영지원 2018.07.03 2018고단358
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 driving of B Poter cargo vehicles.

On January 20, 2018, the Defendant driven the above cargo under the influence of alcohol content of 0.059% in blood without obtaining a driver's license on January 20, 2018, and led the above cargo to turn to the left at the right-hand left-hand turn from the bank of the bus terminal located in the high-time high-speed city.

At the time, there is an intersection where signal apparatus is installed at night and at the front, so in such a case, there was a duty of care to reduce the speed to a person engaged in driving a motor vehicle, to look well at the right and the left, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected to perform sobriage and was driven by the victim C (32 years) who was driven in accordance with the new subparagraph on the lane of the same part, due to negligence in contravention of the signal, and received the front part of the DCAPTURE125 Orala from the Defendant as the rear part of the said car by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Report on the occurrence of a traffic accident, on-site photographs, actual condition survey reports, notification of the results of the crackdown on the driving of alcohol, the circumstantial report on the driver at home, each investigation report, and the application of Acts and subordinate statutes to the ledger of

1. Relevant legal provisions concerning criminal facts: The occupation of driving under influence of alcohol pursuant to Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: The occupation of driving without a license pursuant to Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.

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