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(영문) 창원지방법원 마산지원 2018.01.31 2017고단1287
교통사고처리특례법위반(치상)등
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. On November 8, 2017, the Defendant was driving a vehicle of 1.7km from the southyang Village located in the southwest-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do on the road of approximately 1.7km to the front day of D in C, while under the influence of alcohol content of about 0.094% in alcohol.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle with sod vehicle from E.

On November 8, 2017, the Defendant driven the above car at around 15:25 on November 15, 2017, and led the Defendant to proceed to the direction of the mountain village in the direction of the south-do village.

Since there is a center line of yellow solid lines, in such cases, a person engaged in driving of a motor vehicle has a duty of care to observe the lane and to prevent accidents in advance by safely proceeding to the right-hand side of the center line.

Nevertheless, while neglecting this, the Defendant neglected to do so and neglected to do so, thereby facing the center line on the opposite opposite lane by negligence, and received the front part of the cood passenger vehicle from the front part of the cood passenger vehicle operated by the victim F (72 Do) and the victim H (53 Do).

Ultimately, the Defendant suffered from the victim F’s occupational negligence such as kneee’s other knee’s and tensions and tensions in the part of which need to be treated for about three weeks, and at the same time suffered injury to the victim J (J, 66 years old) who was on board the said kne’s car at the same time due to the said knee’s and tensions, etc., which require approximately 16 weeks’ treatment. The Defendant suffered injury to the victim H, who was in need of approximately 3 weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's report on the circumstances of the driver's license or drinking;

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