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(영문) 창원지방법원 2019.02.28 2018고단3452
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low-speed car;

On November 6, 2018, the Defendant, without obtaining a driver's license on November 22 and 15, 2018, driven the above low-speed car with a blood alcohol concentration of 0.129% while under the influence of alcohol, and led the Defendant to drive the above high-speed car into the Sungsan-gu Sungsan-si Mucam gun in Changwon-si, and proceeds to two-lanes of the three-lane road from the shooting distance range of Sungsan-si in Sungsan-si.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering and brakes and accurately manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (year 55) who was standing in the signal air at the front direction of the running direction of the Defendant due to negligence while neglecting this, and was driven by the victim C (year 55). The back end part of the passenger car was the front part of the passenger car.

As a result, the Defendant suffered injury to the victim, such as the definite finite, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. On November 6, 2018, the Defendant driven the said vehicle at a distance of about 2 km with the blood alcohol concentration of about 0.129% while under the influence of alcohol, without obtaining a driver’s license from the river on the side of the building in Seongbuk-gu, Sungwon-si, Sungwon-si from the river to the same east-dong Busan Metropolitan City E-dong Busan Metropolitan City on November 6, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site map and accident site photograph;

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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