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(영문) 창원지방법원 통영지원 2015.03.26 2014고단1186
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 a period of 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 engaged in driving a C-A-hurd motor vehicle.

On September 28, 2014, at around 04:49, the Defendant driven the said car with a 0.119% alcohol concentration 0.19%, and driven it along a two-lane road in front of the East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East East

At the time, there is a new wall and a place where a central rare day is installed, so there was a duty of care to prevent accidents by thoroughly operating the vehicle to the right side of the front and safely operating the vehicle to the right side of the central rare day.

Nevertheless, the Defendant neglected to do so and was driven by the victim D (W, 30 years old) who was driving in the two-lanes of the opposite part due to the negligence of driving along the center line, and was driven by the victim D (W, 30 years old) on the left side of the motor vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand majority of the executives who need approximately 16 weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 10km section from the parking lot adjacent to the high-powered high-powered high-speed high-speed city at the time and time set forth in paragraph (1) to the road adjacent to the accident site adjacent to the Dong-dong Treatment Shipbuilding, the East Sea, and at least 0.119% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates (D);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) and (2) of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment), concerning facts constituting an offense;

1. From among concurrent crimes, a crime of violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act with heavy punishment is heavier;

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