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(영문) 춘천지방법원 강릉지원 2017.12.14 2017고단1199
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] The Defendant was issued a summary order of KRW 300,000,000,000,000 by the same court on January 12, 201, as a crime of violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on July 18, 2007.

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.

On September 12, 2017, the Defendant driven the above vehicle at around 23:50 on September 23, 2017, and proceeding along the two lanes prior to D in Gangnam-si C along one lane, and became left left at the right right direction from the commercial direction of the old Sea.

Since a place is where a central line is installed, the driver has a duty of care to confirm the progress of the vehicle and to operate the vehicle safely along the central line by reducing speed and by properly examining the side and side of the road.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the center line while under the influence of alcohol 0.073% in blood, and received a part more than the left part of the driver's vehicle of the victim E (n, 59 years old) driving, which was normally going on the opposite lane, in the front part of the left part of the driver's vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking) the Defendant driven the said vehicle under the influence of alcohol of about 0.073% in a section of about 1km from the front of the gas station in the city of Gangseo-si to the front of D in the same city as the day indicated in paragraph (1).

Accordingly, the defendant was punished for driving under drinking more than twice, but he was driving under drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. On-site photographs of an accident;

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