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(영문) 창원지방법원 2018.03.28 2017고단4323
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person who is engaged in the driving of BPoter II truck, and was under the influence of 08:05 on November 15, 2017 at a 0.08% alcohol level during blood transfusion, and was driving the said cargo while driving the said cargo, which was under the influence of alcohol level of 0.08% on November 15, 2017, and was straighted along three-lanes of the three-lane road from the boundary of the Changsung-gu Changsung University at Changsung-gu, Changsung University.

At the time, the Defendant, prior to the same direction, was proceeding along the following behind the victim C (the South and the 28-year-old driving) driving, and thus, the Defendant had a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

However, under the influence of alcohol, the Defendant, by negligence, neglected to stop under the new subparagraph, caused bodily injury to the victim, such as dynasiums and tensions that require approximately two weeks of treatment by shocking the front part of the said cargo vehicle.

2. On October 22, 2007, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court to a fine of KRW 1,00,00 for a crime of violating the Road Traffic Act, and on October 12, 2015, by the Changwon District Court to a fine of KRW 5,00,000 for a crime of violating the Road Traffic Act.

The Defendant, while under the influence of alcohol level of 0.088% during the day-to-day alcohol level, 0.08%, was driving the PoterⅡ in the section of about 10km from the 29th road in Changwon-si, Changwon-si, Changwon-si, the 46th road in the Changwon-si, Changwon-si, to the luxon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. A written inquiry about the result of regulating drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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