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(영문) 대전지방법원 2018.08.08 2018고단1719
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. On April 29, 2018, the Defendant, while under the influence of alcohol at around 08:30, the Defendant driven a balp car from the section of approximately 200 meters, approximately 16-5 Gam-ro 117, to the front road of the Dong-dong Geumdong-dong-ro 117, in the direction of the 85-ro, Seo-gu, Seo-gu, Daejeon, under the influence of alcohol content 0.228%.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle as set forth in paragraph 1 above.

At the time stated in Paragraph 1 above, Defendant 1 driven the said car under the influence of alcohol as stated in Paragraph 1 above, and turned it back to a fluent apartment room on the surface of the original high school, which is located on the roads of Geum-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, 117-5.

In this case, there was a duty of care to prevent accidents by accurately manipulating the backside and left side and the steering system for the driver of the vehicle, and by accurately manipulating the steering direction and steering system.

Nevertheless, under the influence of alcohol, the Defendant was found to have been in front of the victim C(55) driving that was stopped after the said car due to the negligence of the Defendant’s negligence while neglecting this, and received the front part of the Defendant’s car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and injury to the victim E (V, 51 years of age), who was on board the above K5 line, due to approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, inquiry into the results of crackdown on drinking driving, and a statement report on the circumstances of drivers;

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(2)1 of the Road Traffic Act, concerning criminal facts.

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