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(영문) 춘천지방법원 원주지원 2018.09.20 2018고단783
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B radar car under the influence of alcohol content of 0.104% in blood at around 21:50 on June 1, 2018, and turn to the left at the seat of “D Mat” in front of the Gangwon Crossing-gun C.

At the time, a house was located at night, and its delivery and sidewalk are not separated. In such a case, the Defendant, who was engaged in driving of a motor vehicle, had a duty of care to safely drive the motor vehicle after checking whether there was a person walking on the road by taking well the right and the right of the road. However, the Defendant neglected to do so while driving the motor vehicle while under the influence of alcohol, caused the Defendant by an occupational negligence, which caused the left-hand left-hand part of the road without properly examining the right and the right of the front while driving the motor vehicle while driving the motor vehicle, and caused the Defendant’s injury, such as damage of light water, etc. which requires approximately six weeks of treatment to the front right of the driver’s seat.

2. The Defendant on the violation of the Road Traffic Act (drinking driving) driven the said vehicle on the road from the river near the Gangseo-gun F of the Gangwon-do to the place of the accident at approximately 50 meters, while under the influence of alcohol concentration of 0.104% among the blood alcohol concentration in the blood during the above day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report, an investigation report on actual condition, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, a statement on the circumstances of the driver under driving, a medical certificate, and an additional medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

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