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(영문) 춘천지방법원 2019.05.15 2019고단129

교통사고처리특례법위반(치상)등

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The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a passenger car in B SP land.

On November 18, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.081% without obtaining a driver’s license from the forest school distance in Yang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangwon-gun, and continued to proceed from the surface of "C Hospital" to the surface of "D".

At the time, the signal, etc. is installed at night and at the front of that place, so there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed to those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected this and caused injury to the victim, by neglecting it, due to the failure of the victim E (the age of 31) who enters the intersection by receiving the left-hand turn at the “D high” bank, which was driven by the victim E (the age of 31) who enters the intersection, and shocked the front-hand part of the vehicle into the front-hand part of the Defendant’s vehicle, and caused about six weeks of the lower part of the necessary frame for medical treatment.

2. On November 18, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.081% without obtaining a driver’s license from the Yangcheon-gu Seoul Metropolitan Government parking lot for the Elderly Welfare Center located in Yang-gu, Yang-gu, Gangwon-do to the same 1.5km distance.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of the results of the drinking driving control, traffic accident report, ledger of licenses for suspects and motor vehicles, making inquiries into the motor vehicle register, and making inquiries into medical protection;

1. Application of the laws and regulations on diagnosis certificates, black boxes video CDs

1. Article 3 (1), the proviso of Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act.