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(영문) 창원지방법원 마산지원 2017.05.24 2017고단278
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 Crane car.

On March 11, 2017, the Defendant driven the said car with alcohol content of 0.124%, while driving the said car with alcohol content of 0.124% in alcohol, and led the said car to the front of the road located in the port of the Haan-gun, Haan-gun, Haan-gun, Haan-gun, in the direction of the port of the Haan-gun, Haan-gun, the branch office of the Republic of Korea, along with the distance from the port of the Haan-gun, the Defendant, while driving the said car at the front of the victim D (63 years old), who was in the atmosphere of the signal at the front of the city under the influence of alcohol due to occupational negligence and did not properly operate the said car at the front of the said car. The Defendant continued to drive the said Kaol-gun with the rear air of the victim F (59 years old) in front of the taxi.

Ultimately, the Defendant, by such occupational negligence, caused the victim D to suffer injury, such as salt panions, etc., in light of the trend requiring treatment for about 15 days, and caused the victim F to suffer injury, such as salt panions, which requires treatment for about 2 weeks, and the victim H (50 years old) who was on the course of the course of the franchising car, to suffer injury, such as light panions requiring treatment for about 2 weeks, and at the same time damaged the franchis taxi to cover KRW 2,40,891, such as the exchange of back franchisers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46(2)2 and Article 46(2) of the Guarantee of Automobile Compensation Compensation Act, concerning criminal facts.

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