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(영문) 창원지방법원 밀양지원 2017.08.24 2017고단259
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Crocketing Pacific vehicles.

On March 2, 2017, the Defendant driven the above vehicle on March 2, 2017, and continued D's front road at the time of pushing ahead.

At the same time, the road is located on the right side of the road, so in such cases, a person engaged in driving service has a duty of care to prevent accidents by properly manipulating the steering direction and brakes while under the influence of alcohol and preventing vehicles from flowing into the drainage system, etc.

Nevertheless, while under the influence of alcohol level 0.107%, the Defendant was under the influence of alcohol level 0.107%, due to negligence in failure to properly operate steering and brakes, caused the above vehicle to go ahead of the drainage route, and the Defendant’s victim E (V, 65 years old) who was on the Defendant’s vehicle, suffered injury, such as the mouths of the right-side body breath in need of medical treatment for about 14 weeks. The Defendant was on the Defendant’s vehicle.

For about four weeks of medical treatment to F (74 years of age), he suffered from the injury of the upper pelel of the left pelel in need of medical treatment.

2. Defendant 1 was driven under the influence of alcohol level of 0.107% in blood at the same time, at the same place, and at the same time and place as above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs related to traffic accidents;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for a crime violating the Traffic Act at the option of a sentence, against an injury resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The aggravated Criminal Act for concurrent crimes.

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