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(영문) 대전지방법원 천안지원 2018.03.29 2017고단618
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall drive a car frequently or frequently;

On October 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.089% during blood transfusions on October 22, 2016, and carried out the private distance in the repair of the said car to the north of an Eup/Myeon located in an Eup/Myeon located in Asan-si, Asan-si, by driving the said car at around the front church.

In this case, a driver has a duty of care to drive a car in compliance with the signal.

Nevertheless, under the foregoing, the Defendant was a victim C ( South, 24 years old) who was under way by negligence in violation of such duty of care while neglecting such duty of care and carried out on the right side from the left side of the moving direction to the normal new line of the vehicle.

In this accident, victims E (ma, 24 years of age), F (n, 24 years of age), G (n, 24 years of age) who were on board the victim C and the victim C driver's car suffered injuries, respectively, such as salt ties and tensions that require approximately two weeks of treatment.

2. On October 22, 2016, the Defendant was under the influence of alcohol at around 22:45, the Defendant driven a B knife car in the section of about 1 Km in front of the frequency in which it is impossible to identify the trade name in the north repair of an Eup/Myeon at the Asan-si in the case of Asan-si, while under the influence of alcohol at around 0.089%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. A written statement on the occurrence of a traffic accident (C);

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Penalty.

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