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(영문) 창원지방법원 진주지원 2018.11.21 2018고단764
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a car at the No. B.D. in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 31, 2018, the Defendant driven the said car under the influence of alcohol content of 0.131% in blood at around 04:50 on March 31, 2018, and continued to drive the said car in the direction of 0.131%, along the three-lane roads in front of Jinju City C, along the two-lanes toward Busan traffic from the intersection of the central square.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care that shall not operate a motor vehicle at a speed and in a manner that may cause danger and harm to others by accurately operating the steering direction and brake system and accurately.

Nevertheless, the Defendant was negligent in operating the vehicle at the front of the same direction while neglecting the influence of alcohol while driving the vehicle at the front of the same direction, followed the FK5 Driving of the Victim E (63 ) who was standing in the signal waiting in the same direction, and received the part concerning the driver in front of the said No.N. car.

As a result, the Defendant suffered, by negligence, the injury to the victim, such as salt panions requiring approximately three weeks of medical treatment, and the injury to the victim G (22 3) boarding the back seat of the same vehicle and the same H (22 ) requiring approximately two weeks of medical treatment respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a BN vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.131% from the J department store, which was located in J department store, located in I at the time of Jinju-si, a day, to D in the front of D in the same city C.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written statement of E and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 of the Road Traffic Act concerning facts constituting a crime;

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