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(영문) 창원지방법원 밀양지원 2017.11.30 2017고단339
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

The defendant is a person who is engaged in driving a low-speed car.

On April 1, 2017, the Defendant, while under the influence of alcohol with at least 0.05% of alcohol in blood, was driving the said car, and was able to drive the said car at a level of not less than 1508, not less than 1,508, i.e., Sinnam-gun, and not more than 1,000, to the flow from the side of the Eup.

Since the location was an intersection where signal lights are installed in the front bank, there was a duty of care to live well in the front bank to the person engaged in driving service and drive safely in accordance with the new code.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was due to the negligence of proceeding while the vehicle signal was stopped, and the Defendant was driven by the victim D(51) who was not opened from the technical side and left to the Eup, and was driven by the victim D(51). The left rear wheels of the EA8 car driven by the Defendant was the front part of the vehicle of the Defendant.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim D, such as light salt, etc. requiring approximately three weeks of medical treatment, and injury to the victim F (V, 69 years of age) who was on board the damaged vehicle, such as the left-hand luminous bones, salke, salke, etc. requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement in the circumstances of driving at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (examination of alcohol concentration among the blood transfusions of a suspect);

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 facts constituting an offense (a point of driving under influence of alcohol);

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

1. Selection of a sentence of imprisonment without prison labor for crimes violating the Traffic Act at the option of a sentence, and a sentence of imprisonment without prison labor for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The aggravated Criminal Act for concurrent crimes.

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