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(영문) 대전지방법원 서산지원 2018.01.18 2017고단753
교통사고처리특례법위반(치상)등
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person driving a low-speed car.

On April 16, 2017, the Defendant, while under the influence of alcohol of 0.080% in the blood, driven the front road of the Net Village located in 752, Jinnam-si, Jinnam-si, Seoul-do, at approximately 20km in the speed from the side of the Pungnam-ri Community Center to the Amiwon.

At this point, as a narrow a road of one lane, pedestrians passed along the front direction of the defendant's proceeding, so there was a duty of care to reduce speed for persons engaged in driving service and to prevent the collision with pedestrians by taking well into account the front direction and the right and the right of the road.

Nevertheless, under the influence of alcohol, the Defendant served on the left side of the victim E (five years) who was on the right side of the car prior to the driver's use of the said car as the back side of the said car.

As a result, the Defendant suffered approximately six weeks of the above occupational negligence from the victim's body body body and other pelkes (closed) in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding survey report and traffic accident evidence and photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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 in the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice 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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] General traffic accidents in Article 62(1) of the Criminal Act [the scope of recommending punishment] In the case of driving under the aggravated area (8 months to two years) [the specially aggravated person] under the influence of alcohol [the sentence] under the influence of alcohol, etc. [the sentence] under the unfavorable conditions: The conditions in which a traffic accident while driving is causing injury to the victim

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