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(영문) 창원지방법원 마산지원 2017.11.07 2017고단936
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a K5-car.

On July 30, 2017, the Defendant driven the said car under the influence of alcohol content of 0.189% in blood, and driven the road in front of the “D” restaurant “D” restaurant in Changwon-gu, Changwon-si C from the village of Changpo City to the village of the city, the Defendant, while under the influence of alcohol, led the Franzer of the victim E (31 years old) driving, which was franzer in the opposite direction of the central line due to the negligence in the course of business francing the central line due to the lack of proper operation of steering power, franzer in front of the said K5 vehicle.

Ultimately, the Defendant caused the above victims E by occupational negligence to suffer injury, such as the dyp fry, etc., of a fyp fry, which requires approximately 4 weeks of treatment, to the victim G (n.e., 24 years of age) who was aboard the fyp fye car, and the victim H (n. 5 years of age) who suffered injury, such as the fyp fyp fy, which requires approximately 4 weeks of treatment, and the victim I (l. 3 years of age) suffered injury, such as the fyp fyp fyp, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, I, and G;

1. Each written diagnosis;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), an appraisal report on alcohol during blood and a report on the

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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