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(영문) 대전지방법원 천안지원 2018.05.10 2018고단90

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

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a cruise car.

On December 17, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.145% among blood transfusion around 15:05, and changed the two-lane road into a two-lane while driving the said vehicle under the influence of alcohol level of 0.145% at a 0.145%.

In such cases, the driver has a duty of care to prevent traffic accidents by safely changing the lane in a way that does not interfere with the traffic after properly examining whether there is another vehicle in the lane to be changed to the driver.

Nevertheless, the Defendant’s negligence, while neglecting this, changed the course into the two-lanes as it is, caused the Defendant’s fault at the rear side of the two-lanes, and the front part of the victim E (the 36-year-old driver), driving the said two-lanes, followed by the front part of the driver’s car in front of the instant lux cruise cruise.

Ultimately, the Defendant by such occupational negligence inflicted injury on the Victim G (V), a passenger of the victim E and the above high typoids, to approximately 3 weeks of treatment, such as base salt, tensions, etc., on the part of the victim H (34 tax) of the same passenger, and on the part of the same passenger, the Defendant inflicted on the victim I (V, 54 years of age), for approximately 3 weeks of treatment on the part of the same passenger, injury such as base salt, tensions, etc., of the string to the victim I (V, 54 years of age), for which approximately 2 weeks of treatment is required for the same passenger, and injury to the victim J (V, 9 years of age) of the same passenger, such as brain dypin in which there is no one in two open for two weeks of treatment.

2. On December 17, 2017, the Defendant is under the influence of alcohol by 0.145% in a section of about 2km from the road near the tent located in the Sung-dong, Seo-gu, Seo-gu, Seocheon-gu to the “D” road located in C, at around 15:05 on December 17, 2017.