(영문) 창원지방법원 밀양지원 2017.02.15 2016고단613

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(영문) 창원지방법원 밀양지원 2017.02.15 2016고단613

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

On September 24, 2016, the Defendant, while under the influence of alcohol content of 0.109% from blood, proceeded with a two-lane road from the center line of E Assembly members, who were in the front line of E Assembly members D, who were in the Gyeongnam-gun, instead of the Gyeongnam-gun, along with the two-lanes of alcohol content, at the direction of the side side of the valley post office.

At the time, there was a duty of care to not exceed the center line according to the difference of the driver who is engaged in driving as the center line is installed.

Nevertheless, the Defendant neglected to do so and was negligent in the occupational negligence of driving in the center of the center of the drunk line and driving in the middle of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the victim F (46 years old) who was driving normally on the opposite lane, and received the front part of the third cargo vehicle in front of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site survey reports, on-site photographs, reports on the occurrence of traffic accidents, ledger of driver's licenses, tea inquiry, circumstantial statement reports on drivers at driving, and notification of the results of crackdown on drinking driving;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Injury caused by the negligence in the course of performing duties: Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes shall be aggravated and punished by imprisonment for concurrent crimes within the scope of the combined total of the long-term punishments of the crimes stipulated in the former part of Article 37, Article 38 (1) 2 and Article 38 (2), and Article 50 [limited to imprisonment for concurrent crimes within the scope of the sum of the punishments stipulated in the crimes of special cases concerning the treatment of heavy traffic accidents and the punishment for the above two crimes, but the lowest sentence shall be applicable to the crimes specified in the crimes of violation of

1. Article 62 of the Criminal Act:

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