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(영문) 대전지방법원 서산지원 2017.07.07 2017고단331
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 30, 2017, the Defendant: (a) driven a e-mail car under the influence of alcohol content of about 300 meters from a distance of about 17:50 meters to the front of the D convenience store located in the same city C from the Jin-si B Stack-si, Jin-si to the front of the D convenience store in the same city; (b) the Defendant driven a e-mail car under the influence of alcohol content of 0.191%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a car in the Ethn Island. On April 30, 2017, the Defendant, as described in paragraph 1 of around 17:50 around 17:50 around 17:50 around 17:30, a distance in front of the D convenience store in the Jindo City C was driven at a non-speed speed depending on one lane among the two-lanes of the pawned section of literature from the onside of the river.

In such cases, a person engaged in driving service has a duty of care to safely drive a vehicle without causing an accident by complying with the moving direction and operating the steering gear properly.

Nevertheless, the Defendant neglected this and took part of the part of the G 5 LW owned by the victim F (Y, 24 years old) who was parked on the right side of the passenger car owned by the victim F (Y) who was parked on the right side of the passenger car in the above K5-day course, and suffered from the victim F, who was on the above K5-day driver's seat in the above K5-day driver's seat and tensions in need of approximately two-day medical treatment, and suffered from the victim H (Y, South, 24 years old) who was on the above 5-day driver's seat in the above K5-day passenger car, respectively, due to drilling, chills, and tensions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to survey the actual condition, report on the situation of the driver in charge, and medical certificate;

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)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of elective Traffic Accidents: Imprisonment without prison labor or imprisonment with prison labor for a violation of the Road Traffic Act;

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