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(영문) 창원지방법원 통영지원 2016.07.06 2016고단510
교통사고처리특례법위반등
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

Criminal facts

On February 15, 2016, the Defendant driven a frighting car under the influence of alcohol level of 0.097% from B blood level around 21:10 on February 15, 2016, and frighting one-lane between the two-lanes from the upper frighting surface of the frighting surface at the fright-dong and upper frighting surface.

At the time of stopping a vehicle at the front of the defendant, the driver of the vehicle has a duty of care to prevent the accident in advance when the vehicle stops. In such a case, the driver of the vehicle has a duty of care to accurately operate the steering direction, brakes, and other devices of the vehicle, and to maintain the distance from the vehicle in front to stop.

However, under the influence of alcohol, the Defendant, by negligence while neglecting the above duty of care and driving ahead of the signal waiting due to negligence, conflicted with the Defendant’s front part of the passenger car by driving the victim C(42 ) in front of the signal waiting.

Ultimately, the Defendant suffered injury such as brain dead which requires approximately three weeks of treatment to the above C by such negligence, and injury, such as inside the right side and pelle, to the victim D (54 tax) who is the passenger of the damaged vehicle, for about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of crackdown on driving alcohol;

1. Each written diagnosis;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (referring to the injury caused by occupational negligence), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (referring to the act of driving alcohol) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act;

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