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(영문) 창원지방법원 2018.04.05 2017고단4332
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

1. The defendant is a person who is engaged in driving a Brane car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On December 3, 2017, the Defendant driven the said car under the influence of 0.110% of alcohol concentration among blood transfusions on December 23:50, 2017, and tried to drive the said car along the two-lanes from the boundary of the police station in the middle of the Kim Sea to the intersection of three-lane distance in the 178-4, Seowonwon-dong in the Kimhae-si.

At the time, the Defendant's electric signal apparatus was accompanied by red signal, and there was a vehicle standing on the front side of the same lane as the Defendant in accordance with the above sub-paragraph, so the person engaged in driving service had a duty of care to properly manipulate the front door and prevent the accident by properly manipulating the brake system.

Nevertheless, the Defendant neglected this and received the back portion of the D Poter Cargo in front of the Defendant’s passenger car, which was driven by the victim C (26 years old) who is waiting for a signal signal due to negligence.

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

2. The Defendant violated the Road Traffic Act (drinking driving) driving a chip car under the influence of alcohol with 0.110% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Reporting on detection of a person in violation of road traffic Act;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Optional Punishment;

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