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(영문) 창원지방법원 2018.05.03 2018고단22
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 CM3 car.

On November 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.087% among blood transfusions on November 23, 2017, and tried to drive the said car at a four-lane located in Jin-gu, Jin-gu, Jin-si in Kim Young-si in Kim Young-si, the direction of 135.6km on the expressway net direction of 135.6km from Busan, to the speed of 101km at the speed of 3 lanes from Busan, and changed to the two-lane.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the motor vehicle with a duty of care.

Nevertheless, the Defendant neglected this and changed the two lanes from the first lane to the second lane by the negligence of changing the two lanes, and the part of the victim D (58 SM3 ) driving driven by the victim D (58 ) who changed the two lanes, followed by the front line of the operation of the said SM3 Engine, and continued to move into the front line of the said SM3 car, and received the part of the victim F (26 e.g., the victim F., who continued to move into the first lane in the front line.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as a pelle and malute on the part of L1, which requires approximately 12 weeks of medical treatment, injury to the victim F, such as brain-dead, etc., in which there are no two open situations requiring approximately 2 weeks of medical treatment to the victim F, and injury to the victim H(54 years of age) who was accompanied by the above string-out car to the victim H(54 years of age), for about 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. A copy of each medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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