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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단259
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 26, 201, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law (drinking) in the Youngcheon District Court’s monthly support on August 26, 201. On October 14, 2016, the Defendant was sentenced to a summary order of 3.5 million won for a violation of road traffic law (drinking) by the same court.

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle B and III cargo vehicle.

On May 27, 2018, the Defendant, without a driver’s license, driven a motor vehicle on May 27, 2018, while under the influence of alcohol with 0.186% of alcohol during blood, and was driving the motor vehicle, driving the motor vehicle, which was driven by the Defendant, in the direction of the Gangseo-gun C “Dpent” on the side of the valley through the Heung-gun road along the Heung River Access Road.

Since there is a narrow-distance one-way road, there was a duty of care to prevent the occurrence of an accident by reducing the speed for a person engaged in driving a motor vehicle, seeing the road, and accurately manipulating the steering and brakes system to ensure that there is a vehicle coming from the opposite part.

Nevertheless, the Defendant did not discover any Frash car driven by the victim E (27 tax) which is driven by the opposite party while neglecting it under the influence of alcohol as seen above and did not proceed as it is, by negligence, received the part above the left-hand part of the said cargo vehicle, which was the top-hand part of the said passenger car.

Ultimately, the Defendant, by such occupational negligence, caused the victim E to suffer injury to salt, tensions, etc. in need of approximately two weeks of treatment, and at the same time, suffered injury to the victim G (V, 20 years of age) who was boarding the said rash vehicle, such as salt, tensions, etc. in need of approximately two weeks of treatment, and injury to the victim H (V, 55 years of age), such as chills, salt, tensions, etc. in need of approximately two weeks of treatment, and suffered injury to the victim I (V, 9 years of age), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E, G, and H.

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