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(영문) 대전지방법원 천안지원 2018.10.04 2018고단1870
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

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 March 21, 2018, around 02:05, the Defendant proceeded along two lanes from the bridges where national highways No. 1094-1 and No. 34 in the vicinity of the new salary intersections are located in Young-gu, Asan City.

At the time of the Defendant’s front operation of the Victim C (69 wing wing), the Defendant had a duty of care to ensure safety distance and prevent accidents in advance, such as securing and driving safety distance for those engaged in driving of the automobile.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while neglecting to do so and received the back part of the cargo vehicle driven by the victim as the front part of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On March 21, 2018, the Defendant: (a) driven a B dyp car under the influence of alcohol level of 0.193% in alcohol level from the front of the hyp gyp in which it is impossible to identify the trade name in the hyp gyp gye located in the Asan City on the road; to the national highways No. 34 in the vicinity of the new hyp intersection; (b) the Defendant driven a B dyp car with alcohol level of 0.193% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

1. A warrant for search and inspection;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course;

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