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(영문) 대전지방법원 서산지원 2018.07.11 2018고단447
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 26, 2018, the Defendant violated the Road Traffic Act (drinking) driven BK5 under the influence of alcohol content 0.224% at the 2km section of approximately 2km from the front side of the Simn-si Hamn-si, Jin-si, Seoul, to the front side of the 225 senior citizen’s clubs.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service with the five automobiles in B case.

On April 26, 2018, the Defendant proceeded at a speed of 50-60 kilometers a speed of 50-60 kilometers a speed, depending on the one-lanes in the middle of interest, from the side of the Ri where the 225 center for older persons is set up, which is the front of the 225 center for older persons, to the middle of interest.

At the time, since it was night and was a narrow road, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right, and by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so, while driving a vehicle under the influence of alcohol as described in paragraph 1, and received the D Y-ri-ri-ri-ri-ri-ri-ri-car side part driven by the victim C ( South, 45 years old) from the right side of the above K5 vehicle, and suffered injury such as salt, tension, etc. in need of two weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, investigation report on the actual condition of a traffic accident, notification of the results of crackdown on drinking driving, statement and report on the situation of a driver of a main driver, collection of consent, response to a request for appraisal, and application

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)1 and 44(1) (the influence of drinking, the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The Criminal Act, the suspension of execution;

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