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(영문) 대전지방법원 서산지원 2018.08.23 2018고단390
교통사고처리특례법위반(치상)등
Text

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

[criminal history] On July 15, 2016, the Defendant was sentenced to a fine of KRW 4.5 million for a crime of violating road traffic law (drinking driving) in Seosan Branch of the Daejeon District Court on July 15, 2016, and a fine of KRW 3 million for the same crime in the same court on August 12, 2016, respectively.

[Criminal facts] The Defendant is a person who is engaged in driving a four-wheeled cargo vehicle B.

On March 10, 2018, while under the influence of alcohol 0.118% during blood transfusion, the Defendant driven the above cargo vehicle without a driver's license, and driven the two-lane road near the shooting distance of the Busan Police Station at Seosan City, Seosan City, the Defendant driven the above cargo vehicle at about 40 km in the speed of 332, a two-lane from the shooting distance of the lake Park to the slope apartment bank.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the driver's license without the driver's license and neglected it, got the victim CK7 vehicle driven by the victim C(32 ) who stops on the front side of the Defendant for the signal waiting at the front of the vehicle, and the part behind the vehicle driven by the Defendant as the front part of the cargo vehicle by the Defendant, and due to the shock, caused the victim E(63 ) who stops for the signal waiting at the front part of the vehicle driven by the said K7 passenger vehicle in front of the vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in need of approximately three weeks of medical treatment, injury to the victim G (4 years) who was accompanied by the said K7 car to the victim G (4 years) who was accompanied by the said K7 car for about three weeks of medical treatment, and injury to the victim E, such as dynasium and tensions, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1.C and E, respectively.

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