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(영문) 창원지방법원 마산지원 2020.01.07 2019고단1063
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for 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 car in a SP area B.

On September 22, 2019, at around 22:34, the Defendant, while driving the said vehicle, was under the influence of approximately 0.147% of blood alcohol concentration from the 1km section in the front of the shooting distance from the Masan-si, Changwon-si, Changwon-si to the Masan-si, the Defendant proceeded at a speed of about 107 km per hour according to one-lane between the 3-lane and the 1km.

At the time, night and rain was set, and its location was 60km speeded, so the driver of the vehicle has a duty of care to accurately operate the steering direction and brake system for those engaged in driving the vehicle, to conduct a thorough examination of the steering direction, and to prevent accidents by observing the speed limit.

Nevertheless, the defendant neglected this and operated a restricted speed exceeding 47 km in the state of alcohol, and caused the driver's vehicle of the victim F(26 years of age) who stops in the air of the signal signal in the front bank, with the driver's fault and shocked the driver's part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Reports on internal investigation (attached to the results of EDR analysis);

1. A report on internal investigation (attached to a medical certificate and written estimate);

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment, such as black stuffs and videos);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), Article 3 (1), (2) (proviso) 3 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of injury caused by occupational negligence and the choice of imprisonment without labor);

1. Article 37 of the Criminal Code among concurrent crimes.

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