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(영문) 창원지방법원 진주지원 2016.10.19 2016고단449
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2016, at around 05:58, the Defendant, while under the influence of alcohol at a 0.067% alcohol level, driven a vehicle from the border university located in the jurisdiction of Jinju-si, to the 3km section prior to the Tririju Oil Station located in the same Siri-dong from the border university 0.067%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving the said car at the front intersection located in C at the time of a temporary border, such as Paragraph 1, while driving the said car under the influence of alcohol at the Han-day Hospital as above, and was going to go directly from the jurisdiction of the Corporation to the jurisdiction of the Corporation.

Since there was a cross-section with signal apparatus, a person engaged in driving service has a duty of care to prevent accidents by driving safely according to the signals.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it, and caused the injury to the victim G (28 years of age) who was on board the right side of the innovation city, which was driven by the victim E (55 years of age) who was on the right side of the innovation city at the seat of the sports-for-all hall at around that time, and was driving by the innovation city, with approximately 3 weeks of treatment for the above victim E, and suffered from the injury, such as light finites, etc., which requires approximately 10 weeks of treatment for the above high-speed car, and the finites, etc., which require approximately 10 weeks of treatment for the above high-speed car.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and E;

1. A traffic accident report (1) (1) (1) (2) (2) (2) (2) (3) (3) (4) (4) (4) (1) (1), 2-2 (1), 3-2 and 3-2);

1. Application of Acts and subordinate statutes of a medical certificate (E), medical certificate (G);

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of sound driving) of the same Act, and special cases concerning the settlement of traffic accidents.

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