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(영문) 춘천지방법원 2019.05.14 2019고단128

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 of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Bco or a car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On January 12, 2019, at around 21:00, the Defendant driven the said car while under the influence of alcohol with 0.119% of alcohol concentration, and led to the road of one-lane Hongcheon-gun, Hongcheon-gun, the front side of the Gangseo-gun, the Defendant driven the said car into D-section from the boundary of the sports complex.

At the time, at night and where the center line is installed, it was a one-lane road, and in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by accurately manipulating the steering 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 of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected so, caused the injury of the victim E (the age of 62) who was on board the opposite lane beyond the median line due to the negligence of being driven by the Defendant, resulting in the injury of light-defluoring strings, etc. which requires approximately 12 weeks of treatment, and the injury of the victim E (the age of 58) who was on board the opposite lane due to the Defendant’s driver’s moving-out of the passenger car. The Defendant suffered from the injury of the combined strings of the upper part of the upper part, which requires approximately 12 weeks of treatment.

2. On January 12, 2019, the Defendant, as prescribed in paragraph (1), driven B nose or car under the influence of alcohol content of about 0.119% from the 12km section from the Redcheon-gun Integrated Athletic Ground to the roads of the same military C, the Defendant, at around 21:0 on January 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Reports of traffic accidents, reports on the circumstances of driving at home, and reports on the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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