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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고단810

교통사고처리특례법위반(치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2014, the Defendant was sentenced to a fine of four million won as a crime of violating road traffic law (drinking driving) at the Gangnam branch of the Chuncheon District Court, and two million won as a fine in the same court on January 24, 2008.

1. The Defendant is a person who is engaged in driving a vehicle in the CMF5 vehicle.

On June 26, 2017, the Defendant operated the said car in the direction of Samsung APT at the village restaurant in the city of 17:10 of the East Sea at the time of the East Sea.

Since its location was a three-distance intersection, there was a duty of care to prevent accidents, such as entering the intersection by checking whether a person engaged in driving service has a cross-road by reducing the speed or temporarily stopping the vehicle.

Nevertheless, the Defendant neglected this and driven while under the influence of 0.143% alcohol level in blood, and caused the Defendant’s injury to the victim F (55 years old, 5 years old, 5 years old) driving car driving ahead of the victim F (55 years old, 5 years old) who was driving from the Samsung apartment to the fourth apartment of the main apartment. The Defendant received the front part of the victim’s car driving seat in front of the Defendant’s car and suffered approximately two-day medical treatment for the victim.

2. Defendant 1 driven CM5 cars under the influence of alcohol leveling 0.143% from the 5km section of the blood alcohol level at approximately 0.5km from the front side of the Songdong-dong, Songdong-dong, Songdong-dong, Seoul Metropolitan City, to the place like paragraph 1 of the above paragraph (1) on the day.

As a result, the defendant was punished for drinking more than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

1. A medical certificate;

1. Previous convictions: A written reply to inquiries, such as criminal history, and written rulings;