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(영문) 창원지방법원 2015.09.16 2015고단1636
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2011, the Defendant was issued a summary order of 2.5 million won by the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of 5 million won by the same court on June 2, 2014.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle with C investment vehicle.

On April 20, 2015, the Defendant driven the above vehicle at around 22:10, and led to turn to the left the intersection of D three-distance in front of the Seongdong-gu, Sungwon-si, Sungwon-si, to the right from the right side of the upper south distance.

In such cases, although the defendant, who is engaged in the driving of a motor vehicle, has a duty of care to accurately operate the steering direction and brakes well and prevent accidents by accurately operating the steering direction and brakes, the defendant, while under the influence of alcohol, received the left-hand leg part of the victim E (the age of 36) on the road as the front part of the defendant's vehicle and sustained the victim's injury, such as the 5-day dives of the 5-day dives of the dives of the dives of the road, the hives of the hives of the hives of the hives of the hal

2. Violation of the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) were driven by the Defendant in a state of under the influence of alcohol of about 0.103% of alcohol concentration without a vehicle driver’s license at the 1km section from the front day of the flow distance in the city of Sung-gu, Sungwon-gu to the front day of the above so-called Pak Fri-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1, 2);

1. A medical certificate;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements (A) and criminal investigation reports (attached to summary order copies);

1. Where the relevant law concerning the crime is caused by occupational negligence: Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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