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(영문) 대전지방법원 공주지원 2018.07.20 2018고단211

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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B-wing and Ⅲ truck with alcohol content 0.124% under the influence of alcohol during blood transfusion on April 15, 2018, and made the Defendant turn to the left at the seat of Hongsung-gun located in the Cheongyang-gun, Chungcheongnamyang-gun, Cheongyang-gun, while proceeding the three distance in front of the lusium for calculating the lusium level.

The driver of any motor vehicle who intends to turn to the left has a duty of care to safely drive the motor vehicle when there is another motor vehicle in a straight line from the intersection.

Nevertheless, the defendant's negligence, which led to the left-hand turn as they are under the influence of alcohol, caused the victim C (V, 51 years old)'s left-hand side of the driver's car who was under the influence of Boban-Eup from the Cheongyang-gu Cheongyang-do Cheongyang-do Cheong-do, to the front part of the defendant's truck.

Ultimately, the Defendant caused the victim to suffer injury, such as brain-dead, etc., in which there are two main bodies in need of open medical treatment for about two weeks, by such negligence.

2. On April 18, 2018, the Defendant: (a) driven a B dump truck with approximately 4 km alcohol level of at least 0.124% while under the influence of alcohol level 0.124% from the front side of the Cheongyang-gun, Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the flow of which is located in the same side of the tegrative cryp vehicle from the front side of the Cheongyangyang-gun, the Cheongyang-gun, the Cump vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition, notification of the results of regulating drinking driving, and a report on investigation (the property with alcohol concentration in the blood);

1. A medical certificate;

1. Application of field photographs, CD-related Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.