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(영문) 대전지방법원 서산지원 2017.06.16 2017고단289

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle BM5 vehicle. On February 13, 2017, the Defendant driven the said vehicle at a speed of about 40 km from the port of origin, while under the influence of alcohol concentration in blood on the road near the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, at a speed of two lanes, and driven the said vehicle at a speed of about 10 km from the port of origin along one lane.

At this point, there was a cross-section in the front, so there was a duty of care to prevent accidents due to the person engaged in driving service, maintaining the distance from the vehicle ahead by properly manipulating the steering direction and brake system, etc.

Nevertheless, the Defendant neglected this and failed to properly operate the operation system while driving the said vehicle, and caused the part of the victim D(72) E in order to enter the intersection in the front direction of the defendant's driving of the said vehicle, which was waiting to enter the intersection, to be the front part of the vehicle being driven by the defendant, and due to the shock, caused the said vehicle to be driven by the victim F.F.(30 years old), which was waiting to the front part of the said vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. of the horse that requires approximately two weeks of treatment, the injury to the victim H(72) who was on the lurbed car at the lurb, and the injury of the victim H(72) that requires approximately four weeks of treatment, such as lurbage cages, and the injury to the victim F, such as the right lurbage lurine, etc. which requires approximately two weeks of treatment.

2. On February 13, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), at the places indicated in paragraph 1 around 20:10 on February 13, 201, and at around 112 on the site after receiving a report, the Defendant her car under the influence of alcohol, such as a fluencing, smelling at the entrance from J, Seo-nam Police Station I for the Hamsan Police Station, who called the site after receiving a 112 report, and her car under the influence of alcohol.