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(영문) 춘천지방법원 원주지원 2019.01.23 2018고단1200
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:05 on September 21, 2018, the Defendant driven an E 3 car under the influence of alcohol with a blood alcohol concentration of about 0.093% at the 1km section from the original city B apartment to the roads in front of the D cafeteria located in the same city C.

2. The defendant is a person who is engaged in driving a passenger car as set forth in paragraph 1.

The defendant operated the car at the designated border as set forth in paragraph 1. At the time, the defendant continued to drive the car at a speed of about 89 km from the Han-U.S. Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant neglected this and was negligent in driving along the center line under the influence of alcohol as set forth in paragraph 1. Paragraph 1., which led to the failure of the Defendant to drive in the opposite lane, and the part of the G Etz car driven by the victim F (F.R. 37 years old) was set up in the front part of the left-hand part of the car of the Defendant.

After all, the Defendant suffered from the above occupational negligence on the part of the victim F, the injury, such as a pelpel franchising down in the upper half alleys which requires approximately 12 weeks of treatment, and the injury to the victim H (V, 10 years of age), who was on board the said math car, such as a pel franchising the upper half alley, etc. which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The application of Acts and subordinate statutes on the actual condition survey report, model photographs, notification of the results of the drinking driving control, each medical certificate, and seizure records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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