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(영문) 창원지방법원 2016.09.29 2016고단2260
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

Criminal facts

1. The Defendant is a person who is engaged in driving service of a car at the No. B.D. in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 26, 2016, the Defendant, while under the influence of alcohol 0.136% during blood transfusion, proceeded with a two-lane road in front of the Southern-gu, Changwon-si, Sungwon-si, Sungwon-si, with a two-lane-lane-lane-only one-lane-lane-only side from the view of the inside of the remote distance.

Since there is a private distance intersection where signal lights are installed, there was a duty of care to prevent accidents by complying with the signal and accurately manipulating the steering gear and brake system for the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said private street crossing from the right side of the Defendant to the left side of the Defendant’s vehicle, and then the Defendant was driven by the victim C(31 ) (S) who driven the said private street intersection from the right side of the Defendant’s proceeding to the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant, while under the influence of alcohol concentration of 0.136% during the blood transfusion of the above day, was driving the above NAS car from the Defendant’s house located in Changwon-si E on the front side of the Defendant’s house in Changwon-si to the front road of the southnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1), Article 3(2) proviso, Article 268 of the Criminal Act, Article 148-2 Subparag. 2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, concerning criminal facts.

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