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(영문) 춘천지방법원 원주지원 2018.06.28 2018고단285
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to imprisonment with prison labor for one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's astronomical Branch, and completed the execution of the sentence on October 18, 2017.

1. On February 3, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act: (a) while under the influence of 01:16, the Defendant: (b) while driving a B K5 vehicle with a alcohol level of 0.059% in the blood alcohol level without a driver’s license; (c) neglected to perform the duty of care to safely drive the vehicle in front of the medical driving distance of 539 at the cost of the original city, while neglecting the duty of care to observe and drive the traffic signal; (d) due to occupational negligence entering the intersection; (e) the victim C (20 years old) who was under a direct speed in the direction of the left in the direction of the left side of the vehicle of the Defendant at the time when he entered the intersection; (e) obtained the victim’s front driver’s seat in front of the driver’s vehicle in need of treatment for about 2 weeks; and (e) caused damage to the victim, as well as causing damage to the damaged vehicle by approximately 2968, 979.

2. The Defendant, while under the influence of alcohol level 0.059% in the blood while driving a motor vehicle at the time of the foregoing day without a driver’s license, driven the motor vehicle at a section of about 200 meters from the day before the beginning of the two-way-on-time-on-stop-dong to the place of the foregoing accident, while driving the motor vehicle at a distance of about 00 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, and inquiry, such as the register of driver's licenses, medical certificate, written estimate, etc.;

1. Investigation report (net 20);

1. Previous convictions in the judgment: References to inquiries about criminal history, investigation reports (netly 16), and application of the text 2 of the judgment;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act.

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