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(영문) 창원지방법원 마산지원 2018.12.18 2018고단1028
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 9, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act at the Changwon District Court on December 26, 201, respectively.

On September 24, 2018, at around 19:20, the Defendant driven a D New C motor vehicle in the state of alcohol concentration of about 0.067% in alcohol level from around 5km to the front road of the Jinsan-si, Changwon-si, Changwon-si, Masan-si, Masan-si, Seoul-si, to the front road of the "C" located in Changwon-si, Changwon-si B.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a motor vehicle with D New Character.

On September 24, 2018, the Defendant driven the said car under the influence of alcohol, as set forth in paragraph (1) of the same Article, and proceeded with the “C” front of the “C” located in Changwon-si, Changwon-si B from the Changpo Village to the Simsan Village.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving duty is obliged to thoroughly operate the front line and to safely operate the car line.

Nevertheless, while under the influence of alcohol, the Defendant neglected to communicate with the winners, and went on a road facing the negligence of the central line by the negligence of frighting. The part on the left side of the Firing Motor Vehicle driven by the victim E ( South, 51 years old) was shocked with the left side of the Defendant’s motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as dump dump dump and tension, which require approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate for E 1.

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