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(영문) 대전지방법원 2018.06.21 2018고단1282

교통사고처리특례법위반(치상)등

Text

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

1. On April 1, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) committed a car with alcohol level of 0.164% in blood at around 0:30, while under the influence of alcohol level of 0.164%, the Defendant driven a car with B mother in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, along the two lanes in front of 506, driven a car with the nationalized distance from the west-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, along the three-lane, and was waiting for traffic. In such a case, the person engaged in driving a car has a duty of care to thoroughly operate the steering gear and brake system in order to prevent accidents from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was negligent in proceeding with the Defendant’s vehicle in front of the Defendant’s vehicle, received the part of the Defendant’s vehicle in front of the Defendant’s vehicle, following the fluence of the Victim C Driving that was in the front of the Defendant vehicle.

Defendant 1 was on the ground of the above occupational department and office as above, and was on the top of the damaged vehicle in need of approximately two weeks of treatment to the above C, and on the top of the damaged vehicle.

E suffered from each of the following: around two weeks of medical treatment, Gyeong dump dump dump sump, etc.

2. On the date and time set forth in the preceding paragraph, the Defendant driven the vehicles mentioned in the preceding paragraph at a section of about 1 km from the front to the place mentioned in the preceding paragraph, which is located in Seo-gu, Daejeon, Seo-gu, Daejeon, under the influence of alcohol level of 0.164%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers engaged in driving, a survey report on actual condition, and the results of crackdown on drinking;

1. Relevant legal provisions concerning criminal facts, proviso to Article 3(1)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Voluntary penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1)1 of the Criminal Act of the suspended execution