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(영문) 창원지방법원 2020.06.03 2020고단893
교통사고처리특례법위반(치상)등
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 February 25, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaged in driving a BM5 vehicle while under the influence of alcohol at around 0:30, the Defendant driven the said vehicle as a blood alcohol level of 0.068%, and led the said victim to the implementation of a luculation of the D-related intersection in the window C at the window of Changwon-si at the seat of the Changwon-si. In such a case, the Defendant, who is engaged in driving the vehicle, had a duty of care to thoroughly prevent the accident from occurring due to the lacing duty, but was negligent in driving the vehicle while under the influence of alcohol, and caused the victim by the Defendant’s injury, such as the luculation and tension in need of two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving BM5 automobiles under the influence of alcohol level of 0.068% without a driver’s license at the time and place specified in paragraph (1) of the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. The E statement;

1. The circumstantial statement report, investigation report, notification of the results of the control of drinking driving, notification of the completion of correction, notification of the completion of correction, and circumstantial report of drinking drivers;

1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and photographs of the scene and accident vehicles;

1. A medical certificate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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