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(영문) 창원지방법원 밀양지원 2017.03.30 2017고단5
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who is engaged in driving a B-L car.

The Defendant was under the influence of alcohol content 0.121% in blood, and around November 25, 2016, when the Defendant was under the influence of alcohol content 0.121% in blood, the road of one-lane in front of the Saemaul Undong fishery depository located in the Hayang-si, Hayangyang-si, Hayangyang-si, was under the influence of the fishery elementary school in the area of the fishery intersection.

The place is where the center line of yellow solid lines is installed, and the driver of a motor vehicle has a duty of care to drive the motor vehicle safely without harming the center line by thoroughly operating the steering system on the front line and the steering gear.

Nevertheless, the Defendant neglected this while under the influence of alcohol as above and was driven by the injured party C (58 Dose) driver’s failure to drive a car in the opposite opposite vehicle line, which was driven by the central line, as well as by the Defendant’s negligence, in front of the driver’s seat of the car, was driven by the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the victim C’s injury to the bruption of the two strings in need of approximately two weeks’ medical treatment due to the foregoing occupational negligence, and suffered the injury of the victim E (V, 54 years old) who was on the top of the passenger car operation of the said C, for approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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) 2, the proviso to Article 3 (2) 2, Article 3 (1) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to traffic accidents), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. With respect to the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), imprisonment without prison labor shall be sentenced to imprisonment and a crime violating the Road Traffic Act shall be sentenced to one.

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