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(영문) 대전지방법원 홍성지원 2018.12.18 2018고단588

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On April 7, 2018, the Defendant driven the said car under the influence of alcohol content of 0.048% in blood around 00:44, while driving the said car, and proceeding in front of the Chungcheong Budget C in front of the Chungcheong Budget C, from the budget to the new one, at a speed of about 70 km between the two lanes in the new one, and changed the course to the two lanes.

At night, there was a duty of care to safely drive the steering system by reducing speed for those engaged in driving business, keeping the front door and left door well, and accurately operating the steering system.

Nevertheless, Defendant D (Woo, 37 years old) driving on the right side of the said road due to negligence while neglecting this while under the influence of alcohol, and the part of the victim was placed in front of the right side of the said K5 vehicle, following the left side of the said K5 vehicle, and subsequently, the victim was placed in the front side of the said K5 vehicle.

Ultimately, the Defendant suffered from an injury in the course of performing the above occupational negligence, i.e., an injury to the victim, such as an explacule of an external wound, which requires at least 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Application of a medical certificate and statutes in the current state of victims;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage in the mitigated area (one month to eight months) of the mitigated area (special mitigation (special mitigation), and where the victim was at fault due to the occurrence of traffic accidents or the occurrence of serious injury (the decision of sentencing), the circumstances below the sentence, and other circumstances below the defendant's age, sex, and environment.