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(영문) 춘천지방법원 2017.08.28 2017고단588

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On May 29, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.199% at the 0.19% under the influence of alcohol around the first 451 local road near the water frame, which is located in the image on the Myeongcheon-gun, Hongcheon-gun, Seoul, the Defendant driven the said vehicle, and proceeded with the said vehicle under the influence of alcohol content of 0.19% from the steel embankment.

Since there is a center line of yellow solid lines and the road is be be bended on the right side, there was a duty of care to reduce speed and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering gear in a proper manner, and the part of the left-hand side of the D SPP car driven by the victim C which was placed in the opposite line, which was driven by the victim C while under the influence of alcohol, was placed in front of the left-hand part of the vehicle driven by the Defendant, and suffered injury, such as the two sides, which requires approximately two weeks of treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol by 0.19% from the 2km section from the 2km section to the place indicated in paragraph 1, from the front side of the Red Hacheon-gun, Hongcheon-gun, Seoul Special Metropolitan City, the Sincheon-gun, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, a report on the detection of the driver at the main place, a circumstantial statement of the driver at the main place, each medical certificate, and

1. Article 3(1) and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of drinking, the occupation of drinking).