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(영문) 대전지방법원 2018.11.30 2018고단3174
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. On August 31, 2018, the Defendant driven CM5 vehicles under the influence of alcohol content of at least 0.152% in a section of about 4km from the front side of the station of the street in the Seo-gu Daejeon Pungdong, Daejeon, to the site of sampling fourkm in Seo-gu, Seo-gu, Seo-gu.

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.

On August 31, 2018, the Defendant, while under the influence of alcohol with 01:45% of alcohol content, was driven by a passenger car as described in paragraph 1 above, and proceeded along three-lanes between four-lanes of sampling and four-lanes of sampling from the four-lanes of sampling in Seo-gu, Daejeon.

In this case, the driver of the motor vehicle has a duty of care to safely operate the steering system, etc. by living well the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the victim D(37 tax) driving, which was stopped for signal waiting at the same lane as it was due to the negligence of neglecting this, and was driven in front of the passenger car as stated in paragraph (1) above.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the circumstantial statement report, actual investigation report and diagnosis report;

1. Article 3(1) and 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 of the Road Traffic Act, and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Orders to observe protection, attend lectures, and orders to provide community service;

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