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(영문) 대전지방법원 서산지원 2018.05.31 2018고단268
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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 violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the business of driving B Costaex.

On February 28, 2018, the Defendant driven the above vehicle under the influence of alcohol level of 0.117% in the blood on the D Mart, which is located in Seosan City C, at around 20:10, along the two-lanes in the direction of crossing from Seosan, from Seosan to Seosan.

In such cases, a person engaged in the driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents by safely driving the motor vehicle by safely driving it, such as keeping the front door and the left door well, operating the steering wheel and brake system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded as it is, led to the negligence of the Defendant’s vehicle, brought the F. F. M. driver’s vehicle in front of the Defendant’s vehicle into the front panion of the Defendant’s vehicle, with the driver behind the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim E, such as salt ties and tensions that require approximately 2 weeks of treatment, and the injury to the victim G (24 years of age) who was on board the said rocketing car, in need of approximately 2 weeks of treatment.

2. On February 28, 2018, the Defendant, while under the influence of alcohol at around 0:10, the Defendant driven “I” located in Seosan-si H while under the influence of alcohol at around 0.117%, from the front of the road to the front of DNA in Seosan-si C, at approximately 100 meters from the 100-meter section to the front of the road in Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by E and G;

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

1. Report on the results of regulating the driving of drinking and a statement on the circumstances of the driver of drinking;

1. Each written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

1. Articles 3(1) and 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts.

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