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Reasons
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(영문) 전주지방법원 2018.05.15 2018고단168
교통사고처리특례법위반(치상)등
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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

The defendant is a person who drives a car in the NAS Scoo-gu in the course of business.

On December 22, 2017, the Defendant driven the said car with alcohol content of 0.066% while under the influence of alcohol while blood. On December 22, 2017, the Defendant continued to drive the said car as a business, and on the one-lane road in front of the D Hospital located in Yansan-gu Seoul Special Metropolitan City, the front end of the D Hospital located in Yansan-gu, Seoul Special Metropolitan City, and on the one-way road in front of the D Hospital located in Yansan-gu, the 58km Sin

Since there is a central line, in such cases, a person engaged in driving service has a duty of care to safely drive on the right road of the central line.

However, the Defendant, while under the influence of alcohol, neglected to turn to the left without neglecting it, caused the part of the victim E (n.e., 32 years old) in front of the driver’s seat of the F-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation into the actual condition of traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, the order to provide community service and attend lectures, caused a traffic accident by driving without a license, resulting in the occurrence of a traffic accident by driving under the influence of a fine, and there is no agreement with the victim.

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