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(영문) 춘천지방법원 속초지원 2018.04.18 2017고단354
교통사고처리특례법위반(치상)등
Text

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 April 28, 2010, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law in the early branch of the Chuncheon District Court on April 28, 2010, and the same kind of power is six times.

The defendant is a person who is engaged in driving a low-speed car.

On July 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.129% during blood transfusion around 17:35 on July 10, 2017, while driving the said car, and driving the front way in D in the Gangwon Yangyang-gun on the port side of the river.

In this case, there was a duty of care to prevent accidents in advance by safely driving the driver of the vehicle according to road traffic conditions, by looking at the front side and right side of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it, and the victim F(67) who is proceeding in two lanes in the direction of the proceeding was driven by Ggal gallon, followed the left-hand part of the Class II car by the Defendant, and received the part as the front-hand part of the above vehicle by the Defendant.

Ultimately, the Defendant suffered from the victim F’s occupational negligence, the injury of catum salt, etc. requiring approximately two weeks of medical treatment, and the injury of catum salt, tensions, etc., requiring approximately two weeks of medical treatment to the victim H (V, 59 years of age) who was on board the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of H and F;

1. A medical certificate (F, H);

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and notification of the results of regulating drinking driving;

1. Application of the preceding Acts and subordinate statutes of traffic accident photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

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

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment shall be punished by imprisonment without prison labor or the violation of Road Traffic Act;

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