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(영문) 창원지방법원 2016.06.30 2016고단1274
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a car at BV.

On April 2, 2016, while the Defendant was under the influence of alcohol 0.131% during blood transfusions, the Defendant driven the said No.S.-si-type car at a speed of 0.131%, and led to a new Daegu-type highway-free mountain tunnel, located on the upper side of Kimhae-si at the speed of about 100km from Busan bank to Daegu bank at a speed of about 100km.

At night, there was a duty of care to care for those engaged in driving of automobiles at night, and to accurately operate steering and operating steering devices.

Nevertheless, under the influence of alcohol, the Defendant received a facility on the right-hand side of the road, and opened it to the left-hand side by the shocking negligence, and received the front part of the Dhigh speed bus driven by the victim C, who was under normal driving at the right-hand side of the road at the right-hand side.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.

2. A violation of the Road Traffic Act (drinking driving) driven a NA driver’s vehicle under the influence of alcohol at approximately 50km section from the front of the Defendant’s residence in Jin-gu, Busan to the front of the road in the city of Kimhae-si to the 50km-si, Daegu Highway Non-Plow-si tunnels, the Defendant driven the said NA driver’s vehicle under the influence of alcohol at about 0.131%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (a certificate of entry and discharge and a diagnosis certificate attached);

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 causing a traffic accident by occupational negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (referring to driving under the influence of alcohol);

1. Selection of penalty;

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