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(영문) 대전지방법원 천안지원 2018.07.19 2018고단1189
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of the first passenger car in B.

On March 30, 2018, while the Defendant driven the said vehicle under the influence of alcohol level of 0.128% among blood alcohol level around 23:50 on March 30, 2018, while driving the said vehicle and driving it to the right side of a high school located in the 1388-lane of the hot spring No. 138 according to the hot spring level, the Defendant was negligent in neglecting to turn it to the right side and the right side side of the victim C (41 years old) who was proceeding to the right side from the left side of the Defendant’s running direction.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence that requires approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant in the state of alcohol alcohol concentration of approximately 0.128% at a section of about 25 km from the road located in the Sinsan-gun of the budget-gun of the Chungcheongnamnam-si at the time of the day referred to in the preceding paragraph to the road located in front of the date church of hot spring No. 1388, as it was located in the city of 1388.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act: The defendant's driving of drinking, as well as the traffic accident, causing the victim's injury, and driving of drinking already.

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