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(영문) 대전지방법원 서산지원 2018.05.24 2018고단225
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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a driver of B rocketing passenger car.

On December 17, 2017, the Defendant was under the influence of alcohol content of 00:02 on the blood alcohol level of 0.142%, and was under the influence of alcohol level of 0.142% at the Seosan-si Si Park 1, Seosan-si, and was under the influence of 10 knives of the deadly dynamic boom in the Eup/Myeon.

In this case, the driver has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, the Defendant, while under the influence of alcohol, went to the front side of the victim C (Woo, 48 years old) driving, who was waiting for a signal at the front of the day by negligence while neglecting this, was faced with the front side of the rocketing car.

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

2. On the date and time specified in paragraph 1, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.142% in a section of about 700 meters from the front day of the Seosan-si lake Park 16, Seosan-si, Seosan-si Park 1, to the long distance of about 10 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. The actual survey report and the report, etc. on the occurrence of any traffic accident;

1. An explanatory note, etc.;

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 Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the degree of alcohol level among the blood transfusion of this case is high.

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