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(영문) 창원지방법원 마산지원 2017.04.26 2017고단228
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 C-A-hurd motor vehicle.

On February 12, 2017, while the Defendant driven the said car with alcohol content of 0.074% at a blood level around 21:00, while driving the said car, and driving the Masan-gu Cheongsan-gu Cheongsan-gu Cheongsan-si, a city childcare center at the center of the Changsi-gu, Changsan-si, the Defendant shocked the victim D (e.g., 59 years old) who was under the atmosphere of the signal at the front of the signal at the front of the city under the influence of alcohol due to occupational negligence that did not make the front of the city under the influence of alcohol, the Defendant shocked the back of the eM 5 vehicle under the influence of alcohol at the front of the said vehicle under the influence of the said Amburg.

Ultimately, the Defendant caused the above victim D’s injury, such as salt fats in the catal fat requiring approximately two weeks of treatment, and the victim F(F, 35 years of age) who was on the said SM5 car, to suffer injury, such as catal salt fats, requiring approximately two weeks of treatment, and the victim G (seven months of age) to suffer injury, such as double fats, requiring approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Each written diagnosis;

1. Application of 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) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of punishment due to drinking alcohol, and that the defendant has not been agreed with the victims is disadvantageous circumstances.

However, the defendant recognizes and reflects the crime, and the defendant.

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