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(영문) 창원지방법원 마산지원 2017.11.14 2017고단952
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaged in driving CPoter II vehicles.

On June 6, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.193% during blood transfusions, and continued to drive the said vehicle at the right edge of the said vehicle, at the night-gu, Chang-si, Chang-si, Chang-gu, Chang-gu, and dry field, the Defendant re-containd the front ender of the instant vehicle into the right edge of the said vehicle, and re-consting the said part of the vehicle into the right edge of the instant two-way vehicle, the front ender of the front ender of the instant two-way vehicle in the direction of visibility in the direction of the view of the vehicle in the direction of the view.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties to suffer from the injury of the sleep salt in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a report on the detection of a primary driver, a report on the circumstances of the primary driver, and an investigation report (a report on the circumstances of the primary driver);

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning photographs, site and accident-related photographs of black stuffs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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