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(영문) 대전지방법원 서산지원 2018.05.17 2018고단198
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

[criminal history] On October 4, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Chuncheon District Court, and on March 26, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act.

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On February 16, 2018, the Defendant driven the said car under the influence of 0.094% alcohol labor among the blood transfusions around 09:05, and led to the running of the said car at the Seosan-si Park 1-34, and the roads in front of the Saemaeul Treasury, which are three-lanes at the intersection of the male park, from the long-distance bank to the south intersection.

In this case, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right and the right of the driver of the vehicle, and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, due to negligence while under the influence of alcohol, the Defendant got the victim E (the victim E (the 42 years old), the victim E (the 42 years old), the victim F (the 24 years old), G (the remaining, the 24 years old), the H (the 24 years old), and I (the remaining, the 24 years old), and the 7 years old), each of whom needs to be treated for about 3 weeks, by taking the victim C (the 44 years old), the victim E (the 42 years old), the victim F (the 9 years old), the H (the 24 years old, the 7 years old), and the st (the remaining, and the 7 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. A survey report on actual conditions;

1. A report on the occurrence of traffic accidents;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate (not less than C but five persons);

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the same kind of force), and text of judgment, including criminal history;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, and Article 148-2(1)1 of the Road Traffic Act concerning criminal facts;

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