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(영문) 대전지방법원 서산지원 2017.10.10 2017고단538

교통사고처리특례법위반(치상)등

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1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On June 1, 2017, the Defendant was driving a CWD car under the influence of alcohol concentration of about 0.091% in a section of about 100 meters from the 15:45 square meters to the front intersection of the office, where the Defendant is aware that she is located in Sido 7, a day-to-day gymb, a day-to-day gym in Seosan-si, a day-to-day gym, a day-to-day gym, a day-to-day gym.

2. The Defendant is a person who is engaged in driving of a soil and passenger car, as the C Ethical Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 1, 2017, the Defendant driven a car under the influence of alcohol as set forth in paragraph (1) around 15:45 on June 1, 2017, and led to an intersection in front of the office on the surface of the stamp where it is recognized in Seosan City, to a fluencing apartment from the brupted surface to the flucing surface of the mountain village.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant suffered injury to the victim D(W), who was crossing the intersection from the left side of the running direction of the Defendant to the right side, due to the Defendant’s negligence, and was placed in front of the automobile of the Defendant, and the victim suffered approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and photographs related to traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.