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(영문) 대전지방법원 천안지원 2018.04.05 2017고단2947

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Attachment of punishment that constitutes a repeated crime under Article 35 of the Criminal Act] On May 24, 2013, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s public order branch on May 24, 2013, and completed the execution of sentence on February 11, 2015.

[Criminal facts]

1. The defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall drive the motor vehicle frequently or frequently;

On October 24, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.111% among blood transfusions on Oct. 24, 2017, while proceeding to the intersection near the E-cafeteria located in Asan City D at the Yansan-si, the Defendant turned to the intersection of the E-cafeteria at the jurisdiction of the Sinsan-si, Sinsan-si, the Defendant turned to the intersection of the bridge.

Since there is an intersection where no signal is installed, the driver of the motor vehicle has a duty of care to drive the motor vehicle while preparing for the brake system at any time by checking well the right and the right of the motor vehicle.

Even so, the Defendant did not see the right before being drunk as above, and the victim F ( South, 71 years old) who was in the right straight from the left-hand side of the Defendant’s running direction to the right-hand side of the Defendant’s driving line, and received the Defendant’s driving freight as the front-hand part of the Defendant’s driving freight.

In this accident, the victim suffered injuries, such as salt panions in need of approximately two weeks of treatment.

2. On October 24, 2017, the Defendant: (a) driven a C Popsing vehicle between approximately 200 meters in the section C (200 meters) to the intersection near the E cafeteria located in Asan-si, Haan-si, under the influence of alcohol content of around 12:05, while under the influence of alcohol content of 0.11%, at around 00:05.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

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

1. Reports and photographs of traffic accidents;

1. A medical certificate;

1. Notification of the results of regulating the driving of drinking alcohol, and a statement in the circumstances of the driver of drinking alcohol [power of convict execution constituting a repeated crime under Article 35 of the Criminal Act];

1. Written inquiry about criminal history, etc.;

1. Court rulings;

1. Acts and subordinate statutes concerning personal confinement.