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(영문) 대전지방법원 서산지원 2017.06.23 2017고단326
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving), and on November 21, 2008, a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for the same crime, respectively.

1. On April 6, 2017, the Defendant driven B SP car under the influence of alcohol content of about 0.102% at the section of about 50 meters, from the front of the cafeteria at the “house bend,” located in the Jin-si Eup Haak-gu, Jin-si, Jin-si, to the same day, until the same day 23:25 day.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a BSP car.

On April 6, 2017, the Defendant, while under the influence of alcohol, driven the said car at around 23:25, and proceeded at a speed of about 40 km per hour depending on the speed of about 10 km between the two lanes in the east-si, Jin-si, Jin-si, Seoul Metropolitan City, with the intersection of the side of the Dong-dong apartment.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents, such as checking whether a motor vehicle in the signal atmosphere exists and safely driving the motor vehicle, by checking the right and the right of the front side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and driving at the front bank, received D-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. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to inquiries, such as a statement report on the situation of a driver placed in the main place, an accident scene photograph, diagnosis report, inquiry about the results of crackdown on drinking driving, and criminal history

1. Relevant legal provisions and special cases concerning the settlement of each traffic accident regarding criminal facts;

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