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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2093
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) the Defendant shall drive a car frequently or frequently;

On August 5, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.189% during blood transfusion around 22:05, and driven the DNA oil station in front of the oil station in Asan City C at Asan City along the two-lane one lane from the bank of the Asan Police Station to the bank of the same kind as the fluence of the fluence.

A driver of a motor vehicle has a duty of care to drive the motor vehicle according to the road.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the operation of a steering gear by negligence, neglected the operation of the steering gear, caused injury to the victim E (the age of 41) who was on board the head of the driver's car to undergo approximately six weeks medical treatment, such as the bones of the bones, which requires approximately six weeks of treatment.

2. On August 5, 2017, the Defendant was under the influence of alcohol level of 0.189% in blood on August 22, 2017, the Defendant driven a B rocketing car at the section of about 2 km to the front of the D gas station located in C in front of the D gas station at Asan City, under the influence of alcohol level of 0.189% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an accident scene photograph and a traffic accident report;

1. Report on the circumstances of a driver who is to take the driving of a drinking, investigation report (report on the circumstances of the driver who is to take the driving of a drinking driver), and notification of

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Determination of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (driving of alcohol and Selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) in the basic area (4 months to 1 year) [Special Sentencing Person] / Driving under the influence of alcohol (aggravated Punishment) (aggravated Punishment Person) / (aggravated Punishment) (aggravated Punishment).

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