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(영문) 대전지방법원 서산지원 2018.06.28 2018고단227

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a driver of EXE car.

The Defendant, without a driver's license, was under the influence of alcohol level 0.267% in blood, and was under the influence of alcohol level 0.267% in December 26, 2017 and was under the influence of D around Seosan-si in the direction of the bus stop at the right-side of the road.

Since the place is where the center line of yellow solid lines is installed on the road, in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and to safely drive the motor vehicle in compliance with his/her own proceeding line.

Nevertheless, the Defendant neglected this and went beyond the median line to the opposite line, and went to the front side of the Defendant’s driver’s vehicle with the Fgallon of E(41) driving, which was normally going to the opposite line, due to the negligence of going to the opposite line.

Ultimately, the Defendant caused the victim G (36 years) who was a partner of the said gallon with the above gallon due to the above occupational negligence, to suffer injury, such as a gallon, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were driven by CEX cars under the influence of alcohol 0.267% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from H to D in Seosan-si at the time of a day specified in paragraph (1) to D in the direction of about 700 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Reporting, etc. on the occurrence of traffic accidents;

1. Notification, etc. of the results of regulating drinking driving;

1. The driver's license ledger;

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

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)1, and Article 44(1) of the Road Traffic Act concerning criminal facts.