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(영문) 창원지방법원 통영지원 2018.06.19 2018고단306
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment 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 of an international directorship B.

On January 26, 2018, the Defendant driven the said vehicle while under the influence of alcohol of 0.140% from blood, and proceeded with approximately 3km from the center of the city, the front of the city, in the Gosung-gun, Gosung-gun to the road near the Korean Ambassador distance located in the same Eup/Myeon. On January 26, 2018, the Defendant proceeded with the two lanes near the above speed of 80km at a speed of about 80km per hour, depending on two lanes towards the parallel.

The driver had a duty of care to prevent accidents in advance by driving safely while accurately operating the steering boat and brakes well, and operating the steering boat and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the two-lanes of the above-mentioned road in front of the Defendant’s proceeding, and received the back part of the victim C(53 S) drive of the victim C(53 S) who was driving in front of the Defendant’s proceeding.

As a result, the Defendant suffered injury to the victim, such as the closure of the bones, which requires approximately 12 weeks of treatment, due to such occupational negligence, and driving the said fexer vehicle under the influence of alcohol content 0.140% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a traffic accident report, a scene inspection report, a report on the detection of a primary driver, a statement on the circumstances of the primary driver, a report on each investigation, and a general diagnosis;

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

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment shall be sentenced to imprisonment without prison labor;

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