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(영문) 춘천지방법원 속초지원 2018.09.12 2017고단167

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Bone Star Co., Ltd.

On February 13, 2017, under the influence of alcohol level of 0.123% among the blood transfusion around 19:10, the Defendant driven the said van while under the influence of alcohol level of 0.123%. The Defendant was driving on the two sides of the movable property located on the south side of the Gangwon Yangyang-gun.

In such cases, the driver of a motor vehicle has a duty of care to live well with the traffic sign, and to not drive the motor vehicle by entering his/her vehicle line.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in driving beyond the central separation zone, and was normally driven in front of the direction of the Defendant’s sailing.

C Driving received the left-hand wheels and the pentel part of the DKan-Pon car as the front part of the left-hand part of the Defendant’s vehicle.

The Defendant sustained injury to the victim E (50) who was on board the damaged vehicle due to the above occupational negligence, such as culpum dump dump, which requires approximately two weeks of medical treatment.

2. On April 10, 2009, the Defendant is a person who has been sentenced to imprisonment for six months or suspension of execution with labor for a violation of the Road Traffic Act by means of the crime of violation of the Road Traffic Act in the support of the method of driving water sources and Ansan, etc. on April 10, 2009, and six months or more by the above court on November 25, 2010.

Despite the fact that the Defendant had been under the influence of alcohol more than twice due to the driving of alcohol, on December 13, 2017, at around 19:05, the Defendant driven the said Lone Star car with approximately 500 meters alcohol level 0.123% while under the influence of alcohol level from the piracy of movable property located in the Gangwon Yangyang-gun, the Namyang-gun, the Namyang-gun, at around 19:10 on the same day to the high-priced level.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. Statement prepared and made by the police for C;

1. A report on the occurrence of a traffic accident, a report on a traffic accident, and an investigation report;