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(영문) 창원지방법원 2020.05.27 2020고단833
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car B K5 car;

On February 8, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.092% 0.092% around 02:40, while driving the said car and driving it in the direction of E in the direction of E in the direction of Gluran Intersection between the two lanes near the Sluran intersection in the front of the Gluran-si Kimhae-si, while driving it in the direction of Fluran.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant neglected this and got the victim H(the age of 36) driving in the direction of G from the direction of the F elementary school, which is the right direction due to the bypassing of the central line, as the driver of the passenger car.

Ultimately, the Defendant suffered from the victim’s injury, such as kneee-aekne open room, which requires approximately four weeks of treatment by occupational negligence as above.

2. Around 02:40 on February 8, 2020, the Defendant driving a B 5-car under the influence of alcohol concentration of 0.092% at the section of approximately 5 km from the 5km of blood alcohol level before the JJ in the front of Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition survey reports, photographs related to accidents, notices on the results of the control of drinking driving, diagnosis certificates, and reports on the state of drinking drivers;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 (Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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