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(영문) 창원지방법원 진주지원 2020.02.19 2019고단1653
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 700,000,000,000,000 on July 11, 2008 and October 6, 201, with a fine for violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

1. On November 1, 2019, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B-hand car with a blood alcohol concentration of 0.128% while under the influence of alcohol on November 1, 2019, and proceeded three-lanes along three-lane roads in front of the president of an ordinary university hospital in Jinju City, Jinnam-ro, Jinnam-ro, by driving a B-hand car with a blood alcohol concentration of 0.128%.

At the time, there is an intersection in which signal lights are installed at night and at the front of the road, there was a duty of care to prevent accidents by reducing the speed and properly seeing the front of the road, and accurately manipulating the brake and steering gear.

그럼에도 피고인은 이를 게을리 한 채 술에 취한 상태에서 전방을 제대로 살피지 아니하고 제동장치를 뒤늦게 조작한 과실로 같은 차로 전방에서 신호대기 중이던 피해자 D(38세) 운전의 E 팰리세이드 승용차 뒷 범퍼 부분을 피고인 승용차 앞 범퍼 부분으로 들이 받았다.

The Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as fluoral cinites and cinant signboards, which require approximately three weeks of medical treatment.

2. Around 00:34 November 1, 2019, the Defendant driven the said vehicle B while under the influence of alcohol content of about 0.128% at a distance of about 2km from the front of the F apartment at Jinju to the front road of the ordinary university hospital at Jinju-si, Jinju-si 79, Jinju-si.

Accordingly, a vehicle has been driven in violation of the Road Traffic Act prohibition regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report, photograph, and medical certificate on actual condition;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of the summary order;

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