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(영문) 창원지방법원진주지원 2020.12.09 2020고단1884
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BK5 car under the influence of alcohol level of 0.069% on August 30, 2020, while driving around 0.069% of blood alcohol level on August 14:15, 202, and driving the BK5 car at a speed that cannot be known to the front side of the Gyeongnam-gun, Busan Metropolitan City.

Since there is a center line of yellow solid lines, there was a duty of care to safely drive along the designated lane by accurately manipulating the front line, the right and the right and the right, and accurately manipulating the steering system.

Nevertheless, while driving while under the influence of alcohol, the Defendant shocked the part on the side of the F QM5 vehicle driving which was driven by the victim E (Nam, 66 years old) who was driving in the opposite lane due to the occupational negligence near the center line.

The Defendant, by occupational negligence, sustained injury to the said victim and the victim G (V, 63 years of age) who was accompanied by the said victim and the damaged vehicle, such as dump and tension of the bones of wood in need of medical treatment for about three weeks.

2. The Defendant was driving the said vehicle in a state of under the influence of alcohol 0.069% at the same time and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs and report on traffic accidents;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Article 3 (1), Article 3 (2) (proviso) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Each choice of imprisonment with prison labor for the crime of violation of the provisions of Articles 40 and 50 of the Criminal Act, the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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