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(영문) 대전지방법원 천안지원 2018.11.19 2018고단750

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor 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

[criminal history] On September 12, 2014, the Defendant received a summary order of KRW 5 million from the Daegu District Court to a fine of KRW 5 million due to a violation of road traffic laws (driving alcohol), and on November 4, 2016, to a fine of KRW 4 million due to a violation of road traffic laws (driving alcohol) in the Daejeon District Court's Incheon District Court's Support.

[Criminal facts]

1. On December 16, 2017, the Defendant: (a) driven a e-motor vehicle under the influence of alcohol concentration of about 0.078% in the blood alcohol level without obtaining a driver’s license from the front side of a restaurant in the north-west-gu, west-gu, west-gu, Yan-si to the front side of a gas station in the Asia-si, where the trade name is unknown at around 06:05, Dec. 16, 2017, the Defendant driven a e-motor vehicle under the influence of alcohol level of 0.078% in the middle of blood alcohol level without obtaining a driver’s license.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle with low engines.

On December 16, 2017, around 06:05, the Defendant driven the said car on the offline from the offline to the offline of the two-lanes of the D gas station located in Asan City, Asan City, along the two-lanes of the D gas station in front of the D gas station.

At the time, there was a new wall and a strong width on the side, so in such a case, there was a duty of care to safely drive the steering system and the steering system in a manner that the driver of the motor vehicle should keep a clear mind while driving the motor vehicle.

Nevertheless, as stated in the above paragraph 1, the Defendant was negligent in driving in the state of alcohol concentration of 0.078% in blood without a driver’s license, and the Defendant was found to have received street trees that were deep on the side of the road with the front and right part of the said vehicle’s vehicle.

Ultimately, the Defendant suffered injury to the victim F ( South and 30 years of age) who was on board the said car due to the above occupational negligence, such as the felb of the fatter, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;