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(영문) 창원지방법원 마산지원 2018.06.22 2018고단493
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of 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) is a person who is engaged in driving a motor vehicle in Dmp.

On March 7, 2018, the Defendant driven the said car under the influence of alcohol content of 0.167% in blood around 16:30 on March 7, 2018, and led the road front of the beneficiary church, which is located in 14-2, 16-2, Masan-gu, Changwon-si, Masan-si, to go directly from the vicinity of the apartment site of the Gaon Maddong-gu.

At the same time, there is a center line of yellow solid lines, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, went through a central line due to negligent negligence, brought about the back part of the wing-wing car in front of the Defendant’s strike car.

Ultimately, the Defendant suffered, by the above occupational negligence, around 2 weeks from the victim E, a light kne kne in need of a two-day medical treatment. The Defendant suffered, respectively, the victim G (the kne kne, kne, kne, kne, etc.) who is the chief passenger of the above victim’s driver’s wing car operation, for approximately 36 years of age.

2. On August 24, 2009, the Defendant received a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act at the Changwon District Court on August 24, 2009, and a summary order of KRW 3 million as a fine in the same court on March 8, 2010, respectively.

The Defendant, while under the influence of alcohol concentration of 0.167% among the blood transfusions at the time of the day indicated in paragraph 1, driven the said so-called car at the section of approximately 5.8 km to the roads front of the Masan-gu, Masan-gu, Masan-si, Masan-dong. At the underground parking lot of the department store Masan-si, the Defendant driven the said car at the section of approximately 14-2 of the Masan-gu, Masan-gu, Masan-si, the same time.

Accordingly, the defendant is a person who has violated the prohibition on drinking at least twice.

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