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(영문) 창원지방법원 2018.12.14 2018고단2837
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On March 9, 2007, the Defendant was issued a summary order of KRW 500,000,000 by the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving), and on August 18, 2008, a fine of KRW 1 million was issued by the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] The Defendant is a person who is engaged in driving a Bsch Rexton car.

On September 16, 2018, the Defendant driven the said car under the influence of alcohol level of 0.186% during blood transfusion around 07:05, and led to the flow of the road in front of the Jin-gu public playground in Jin-gu, Jin-gu, Jin-gu, Kimhae-si at the time of Kimhae-si as the Changwon-gu, Jin-gu.

Since the location is an intersection, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, went ahead of the same direction due to negligence while driving a vehicle by negligence, was driven by the victim C(57 years) waiting for a signal, with the front part of the car driven by the Defendant.

Ultimately, the suspect suffered injury, such as salt ties, tensions, etc., which require two-day medical treatment to the victim E (V, 47 years old) and the victim F (50 years old) who was on board the victim and the damaged vehicle due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the main place);

1. Each written diagnosis;

1. An accident scene photograph;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the suspect A's criminal records of the same kind);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (each occupational point and dental point), Article 148-2(1)1 and Article 44 of the Road Traffic Act concerning criminal facts.

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