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(영문) 광주지방법원 해남지원 2018.02.01 2017고단419

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 October 10, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as a person engaged in driving a B-hand car, driving the said car while under the influence of alcohol level of 0.268% from blood on October 14:55, and driving the car on the same side with a new road in front of the Dondo, Jindo, Jindo, Jindo, in the same side as a new one.

In such a case, a person engaged in driving service has a duty of care to observe and safely proceed with the train line by accurately operating the steering direction and brake system.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol, took part of the part of the victim C(29) driving the central line on the lane facing the negligence, and suffered injury to the victim, i.e., the main part of the DPoter Ⅱ in front of the said vehicle, which was driven by the victim C(29 e.g., this part., the driver of the said vehicle.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of 0.268% at the 2km section from the front of the cafeteria of “Woo-ri” to the place where the said accident occurred, which is located in the border of the said day at the same time as that of the said day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the circumstances of a driver placed at driving, and report on the results of regulating drinking;

1. A photo showing the relevant accident site;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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

1. The aggravated Criminal Act for concurrent crimes.