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(영문) 창원지방법원 밀양지원 2017.10.26 2017고단409
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing car.

On July 18, 2017, the Defendant was under the influence of alcohol content of 0.146% during blood transfusion on July 21, 2017. The Defendant was under the influence of alcohol, driving the said vehicle at a 0.146%, and driving the said vehicle at a one-lane road in front of Gyeongnam-gun, and driving the vehicle at a two parallel distance from the border of the Pyeong Sea.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle without drinking, closely seeing the front door, and properly manipulating the steering gear and brakes.

Nevertheless, the Defendant was negligent in neglecting the liquor in the front of the Defendant’s vehicle due to the negligence of the Defendant’s failure to continue the vehicle at the front of the Defendant’s vehicle, and received the upper part of the Defendant’s vehicle, following the left side of the Victim D(58) E E-W car driven in the same direction as that of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim D, such as brain dead, etc., which had no one in two open to provide approximately four weeks of medical treatment, and injury to the victim F (V, 57 years of age) who was aboard D’s vehicle, to whom approximately six weeks of medical treatment is required for approximately six weeks of medical treatment.

2. Defendant 1 was under the influence of alcohol content of 0.146% during the day-to-day alcohol of the above paragraph 1, and Defendant 2 driven B rocketing car from approximately 500 meters from the front of the restaurant to the road in front of the same military C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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