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(영문) 창원지방법원 2016.04.28 2016고단359
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a motor vehicle B in the U.S.

On December 16, 2015, the Defendant driven the said car while under the influence of alcohol content of not less than 0.05% but less than 0.1%, among blood transfusions at around 03:05, the Defendant driven the said car, thereby driving the tri-dong intersection of the tri-dong road in Changwon-si, Changwon-si, Changwon-si, and driving the ri-dong intersection toward the ri-dong intersection from the erostal distance.

Since there is an intersection where signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and operated a victim C (42 tax) who was left to the left from the friside on the side of the Sung-ridong by negligence in violation of the signal, in accordance with the signals.

D7 The back portion on the left side of the taxi was received by the defendant as the front portion of the passenger car.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim C, such as salt ties, tensions, etc. in need of approximately three weeks of treatment, and injury to the victim E (PP) who is the passenger of the Defendant, such as 7 culp fals, which require approximately ten weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

1. A report on detection of a driver engaged in the primary business and an investigation report (the alcohol concentration in the blood at the time of driving);

1. Each written diagnosis;

1. Application of the written estimate statutes;

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

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

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating 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. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommended sentences) is general.

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