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(영문) 대전지방법원 천안지원 2017.05.18 2017고단330

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall drive the Lone Star Cargo Vehicles in Ireland frequently or frequently.

On December 29, 2016, the Defendant, while under the influence of alcohol 0.241% during blood transfusion around 22:45 on December 29, 2016, driven the above cargo vehicle on the two-lane road in the front of the 52-distance Don-ro, Jin-si, Jin-si, and proceeded at a speed of about 40km according to the speed of 50km from the non-funch apartment room.

Since there is a place where traffic is controlled, the driver of a motor vehicle has a duty of care to drive the motor vehicle in accordance with the new subparagraph.

The Defendant neglected this and neglected to comply with the signal by driving the crosssection as it is on the red signal and thereby violated the signal. The Defendant received the front part of the victim D ( South, 52 years old) E K7 car from the left-hand side of the truck driving vehicle to the right-hand side of the Defendant’s cargo vehicle.

In this accident, the victim suffered injuries, such as external shock of climatic signboards with which the number of days of treatment can not be known.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a 5km section C in the section of 5km from the front of a sprink in which the trade name in Jin-si Eup/Myeon cannot be identified in the state of alcohol 0.241% during the date and time of blood as stated in paragraph (1) on the road front of a sprink in which the trade name in Jin-si Eup/Myeon cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual survey report and the occurrence of a traffic accident;

1. A written appraisal of alcohol and a report on the detection of a primary driver from among blood;

1. A photograph of the scene of the accident and a photograph of the video of the accident scene;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 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;

1. Selection of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Penalty.