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(영문) 대전지방법원 공주지원 2018.06.08 2018고단52
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On December 5, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BM3 car under the influence of alcohol concentration of 0.160% from blood alcohol during the influence of around 00:08, the Defendant driven the BM3 car at the speed of 0.160% and driven the way ahead of the intersection to the 50-60km each hour at the speed of 50-60km from the front boundary of the Gu, along the long distance from the front boundary of the Gu.

There is a duty of care to operate safely by accurately operating the steering system and brakes of the vehicle in the front line. However, the defendant's negligence of driving a vehicle in the front line of the victim C(49 years old) who driven a vehicle while under the influence of alcohol without obtaining a driver's license, caused the defendant's vehicle to the front part of the defendant's vehicle.

Ultimately, the Defendant suffered from the injury of the victim E (33) and the victim F (30 tax) who is the above K7 taxi passengers by negligence in the course of performing such duties, such as dump, tension, etc. of the bones of trees requiring approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were driven by the Defendant as stipulated in paragraph (1) under the influence of alcohol leveling 0.160% while under the influence of alcohol leveling 0.160%, without obtaining a driver’s license, from a distance of about 1.5 km from the front of the cafeteria of the Don Sea Water Sheet, which is located in the new Sin-si, Sin-si, Sin-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation of a person on duty) concerning criminal facts, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act.

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