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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단234
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 May 5, 2018, the Defendant: (a) driven B-low-income motor vehicle in the state of alcohol alcohol concentration of about 0.123% from the 1km section to the 2nd apartment house of Taeguk-ro located in the same city, from the roads in the city of Taeguk-si, the “Yek-dong Post Office” located in the Dong of Taegu-si to the roads in front of the 2nd apartment house of Taeguk-si located in the city of the same city.

2. The defendant is a person who is engaged in driving a Brane car in violation of the Special Act on the Settlement of Traffic Accidents.

On May 5, 2018, the Defendant driven the said car while under the influence of alcohol level of 0.123% during blood transfusions on May 22 and 10, 2018, and continued to drive the first lane of the said car at the speed of 0.123%, leading to the “intersection of the listed ironway” from the front side of the Yellow Elementary School at the time of Taegsan.

At the time, there was a motor vehicle driving duty of care to prevent accidents in advance by safely driving the motor vehicle, such as thoroughly operating the front door and the right door door and the right door door door, and operating the steering system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the Defendant, received the following part of the E-7 vehicle behind the passenger vehicle that was driven by the victim D (W, 64 years old) who was under the influence of the Defendant, with the front part of the car.

After all, the Defendant suffered approximately two weeks of medical treatment from the above victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

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

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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