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(영문) 창원지방법원 2017.05.18 2016고단4333
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 is a person who drives a motor vehicle with soflurd by CAW in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 15, 2016, the Defendant driven the said car under the influence of alcohol level of 0.090% among blood transfusion around 09:50 on October 15, 2016, and proceeded three lanes in front of the E in Sungwon-si D, Sungwon-si, Sungwon-si, using three lanes in the new villages from the nives bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by checking the front side well.

Nevertheless, the Defendant, while under the influence of alcohol, was driving by the victim F (27 Do) of Gbear or the back of the car driven by the Defendant with a speed at the front of the said Abear or the vehicle driven by the Defendant while neglecting it, and due to the shock, the Defendant was driving by the victim H(62) who stopped in front of the said Bbear or the vehicle, and was driving by the Defendant, the latter panion of the said Bbear or the vehicle.

Defendant 1 caused the Defendant’s occupational negligence to the victim F with approximately three weeks’ salt ties and tensions, etc., which require the victim F with approximately three weeks’ medical treatment, and to the victim J(5) who was on the said behnor’s car, the victim J (45 years old) suffered injury, such as climatic salt ties and tensions, which require the victim H to provide approximately two weeks’ medical treatment.

2. The Defendant, while under the influence of alcohol level of 0.090% during the blood transfusion at the above day, was driving a vehicle with approximately four kilometers of the above nick-gu Dansan-si D's front place of the accident in the Changsi-si E in front of the Defendant's dwelling in the Changsi-si apartment at the Changsi-si.

Summary of Evidence

The application of Acts and subordinate statutes to the Defendant’s legal statement H and F’s written fact-finding report, each written fact-finding report, each written fact-finding report by the State driver, and alcohol content appraisal report by blood.

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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