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(영문) 대전지방법원 2018.08.30 2018고단2001
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving service of XG cars.

On May 1, 2018, the Defendant, while under the influence of alcohol content 0.065% in blood around 10:40 on May 1, 2018, the Defendant was driving at the speed of the U.S. Geumsan-gun C in the direction of the emuli in the direction of the emuli.g. from the Guluri to the emuli.g. from the Guluri-gun. In such a case, the Defendant had a duty of care to thoroughly operate the emuli-ray and to safely operate the emuli-ray.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect it and did so, dumped the center line with the negligence of the Defendant, and dumpeded the victim dumper of the victim dump in the opposite line with the front one of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as spine febrate, which requires approximately six weeks of medical treatment due to such occupational negligence.

2. On the date and time set forth in the preceding paragraph, the Defendant violated the Road Traffic Act (drinking) driven a XG car within a section of about 10 kilometers from the front of G cafeteria located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the place indicated in the preceding port while under the influence of alcohol content of 0.065% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report, each chassis, and the ledger of driver's licenses for each motor vehicle;

1. Notice of the result of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and application of Acts and subordinate statutes;

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. The offense of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents shall be punished by imprisonment without prison labor or a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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