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(영문) 대전지방법원 공주지원 2019.07.16 2019고단188
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not more than ten months.

However, 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 April 25, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a vehicle with blood alcohol concentration of 0.177% at around 10:05 and proceeded with a road in the Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-

Since there was a tunnel, there was a duty of care to safely operate the steering gear and brakes by accurately manipulating the steering gear and brakes to those engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive a motor vehicle while driving the motor vehicle under the influence of alcohol and received the back portion of the Down Preferred Motor Vehicle that is driven by the victim C(the age of 70) who was driven before the defendant as the front portion of G4 U.S. motor vehicle driving.

Ultimately, the Defendant caused the victim to suffer injury by occupational negligence, such as a sugar with no wound in the two parts, which require an open medical treatment for about three weeks.

2. On April 25, 2018, the Defendant driven a vehicle B G4 U.S. under the influence of alcohol leveling 0.177% from the 15km section from the 15km section to the place specified in paragraph (1) on the 10:05 Bocheon-si (Sacheon-si) around 10:05.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of blood alcohol concentration;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Article 62-2 of the Criminal Act.

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