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(영문) 대전지방법원 공주지원 2018.09.14 2017고단143
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 10, 201, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic law in the public order branch of the Daejeon District Court on August 10, 201, and on December 26, 2012, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic law in the public order branch of the Daejeon District Court on December 26, 201.

[2] On May 13, 2017, the Defendant, while under the influence of alcohol at around 14:35, 0.07% of the blood alcohol level, 0.087%, was driving the D cafeteria in front of the D cafeteria in the public city, and then driving the FFF agricultural bank off from the D cafeteria to the FFF agricultural bank. As there are many vehicles parked in the FF agricultural parking lot, the Defendant was under the duty of care to look at the surrounding areas and to accurately operate the steering system and the brake system. However, the Defendant was under the influence of alcohol and was under the duty of care to accurately operate the steering system and the operation of the steering system at the FF agricultural parking lot, and received the back part of the victim G (50 years old) who stopped in the FF agricultural parking lot.

As a result, the Defendant, who violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol not less than twice again, was driving a motor vehicle under the influence of alcohol, resulting in an injury to the victim, such as salt, tension, etc. of the bones of wood that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Reporting of a traffic accident (1) (2) and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal record and report as the suspect) statute;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor).

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