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(영문) 대전지방법원 천안지원 2019.05.30 2019고단516
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:18 on February 3, 2019, the Defendant: (a) driven a FNS car at a section of about 3 km from the front of “Cju shop” located in Asan City B in Asan City under the influence of alcohol content of 0.089%; (b) from the front of “Cju shop” located in Asan City B to the front of the E-high school located in Asan City D in Asan City.

2. The Defendant is a person who is engaged in driving a FNAS car.

On February 3, 2019, the Defendant, like the preceding paragraph of the preceding 02:18, was under the influence of alcohol, led to a two-lane road in front of the E-high school D in Asan City from the shooting distance of the stable-dong to G hotel at an aesthetic speed along the two-lanes.

It is a long-distance road in which the center line of yellow domin line is installed, so there was a duty of care to observe the wheel line for those engaged in driving service and to observe the wheel line and to prevent accurate operation of steering devices and brakes.

Nevertheless, the Defendant, who was under the influence of alcohol due to negligence and neglected the above duty of care, was fluored with the sidewalk line located in the E-high school shooting distance, and was driven beyond the central line, and was fluored with the front part of the I SP car driven by the victim H (V, 42 years old).

Ultimately, the Defendant suffered injury to the victim, such as a ductal of ducts, which require approximately seven weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, an accident site photograph and a traffic accident;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Article 268 of the Criminal Act;

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