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(영문) 전주지방법원 2018.01.09 2017고단1735

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 a period of one year 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 the CK7 vehicle volume.

On August 4, 2017, around 06:08, the Defendant driven the above vehicle at a point 163 km from the 163 km away from the west-gun of the Honam Highway, which is located in this document, to drive the vehicle as one-lane between the two-lanes.

Since a vehicle is an expressway driving on a high speed, there is a duty of care to prevent the accident in advance by thoroughly manipulating the steering system, brakes and other devices, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive the said vehicle while under the influence of alcohol 0.120% while driving the said vehicle in the blood, and was negligent in failing to timely operate the brake system even though the victim D (47 aged) was trying to change the vehicle in the front, and thereby suffered injury, such as pressure divers, etc., on the part of the front part of the said vehicle, requiring approximately 10 weeks of treatment by shocking the front part of the said vehicle.

2. Around 06:08 on August 4, 2017, the Defendant driven the said CK7 vehicle while under the influence of alcohol leveling about 0.120% from the 170km section of blood alcohol level to the point where the Honam Highway 163km (net air gate) located in this document from the Dowing-ro, Dobong-gu, Seoul Metropolitan Government to the Doon-gun, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;