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(영문) 창원지방법원 마산지원 2020.06.23 2020고단376
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 is a person who violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in the operation of the Grandroth.

On March 21, 2020, the Defendant driven the above mix while under the influence of alcohol 0.101% of blood alcohol concentration on March 21, 2020, while driving the above mix, which led to a three-dimensional distance in front of the D Jeong-si C in Changwon-si, Changwon-si, to an ex post facto death distance from the enclosed rock.

A person engaged in driving of a motor vehicle has a duty of care to live well well, and to prevent accidents in advance by operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and neglected the part of the latter part of the victim E-driving car standing in the signal atmosphere at the front of the day, and received the said part of the back part of the said Lone Star car in front of the passenger car.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment, and the injury to the human salute of the salute and the salute.

2. The Defendant violated the Road Traffic Act (driving) driving the said Cost and place as the Defendant was under the influence of alcohol 0.101% of alcohol concentration at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. E written statements (traffic accident situations);

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the latter part of Article 38, Article 38 (2) of the Criminal Act shall be applicable to a violation of the Act on Special Cases concerning the Settlement

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