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(영문) 대전지방법원 천안지원 2017.06.16 2017고단794
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car 2.8 driver on the ground that B was examined.

On March 26, 2017, around 17:05, the Defendant driven the said vehicle while under the influence of alcohol content of 0.103%, depending on the first lane of the distance from the off-distance gate of the D Hospital located in Nam-gu, Namdong-gu, Naman-gu, Seoul, the Defendant driven the said vehicle under the influence of alcohol content of 0.103%.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly see the front and safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the center line while the Defendant was at fault, and the Defendant was faced with the driver’s seat of the Defendant’s driver’s vehicle that was driven by the front part of the vehicle in front of the Defendant’s driver’s vehicle (38 years).

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as light dump, which requires approximately two weeks of medical treatment, and at the same time, the injury to the victim G who was on board the victim’s vehicle, such as salt dump, which requires approximately two weeks of medical treatment, and at the same time, the victim H and I who was on board the victim’s vehicle, suffered from each of the injury in need of two weeks of medical treatment.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant on the ground that the Defendant was under the influence of alcohol of approximately 0.103% of alcohol concentration in blood at a 4km section from the cafeteria-si, Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City to the front roads of D Hospital located in Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a statement report on the circumstances of a driver driving, and an inquiry report on the results of crackdown on drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Each of the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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