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(영문) 대전지방법원 2018.06.21 2018고단1309
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 6, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a passenger vehicle with alcohol content of 0.183% at around 02:30, while under the influence of alcohol during blood, and driving a three-lane road in front of the gas station in Daejeon Jung-gu, Daejeon along the direction of the four-lane distance from the center of the flow-distance distance. In such a case, the driver of the vehicle who is engaged in driving the vehicle shall accurately operate the steering system, brake system, etc. of the vehicle, and shall not drive the vehicle at a speed or in such a manner that may cause danger to other persons depending on the road traffic conditions and the structure and performance of the vehicle.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol, was shocked by the backer of the victim Fluxa vehicle in Gamba in the Gamba in the front of the Defendant vehicle.

Defendant 1 suffered, by its occupational negligence, the following: (a) the fluoral finites, which requires approximately two weeks of treatment to the F; and (b) the fluor’s h and the fluoral finites, which require two weeks of treatment to the f, respectively.

2. On the date and time set forth in the preceding paragraph, the Defendant driven the vehicle described in the preceding paragraph, while under the influence of alcohol content of about 0.183% at a section of about 100 meters from the date and time set forth in the preceding paragraph, to the place of accident described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

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

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

1. Voluntary penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act:

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