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(영문) 춘천지방법원 강릉지원 2017.06.28 2017고단317
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

The defendant is a person who drives B SP car.

1. On March 3, 2017, the Defendant driven the said car under the influence of alcohol with approximately 0.078% alcohol concentration in blood without obtaining a driver’s license from the front of the “wiwimth” station located in Gangseo-si, Gangseo-si, and the roads located in the same city from around 01:57 on March 3, 2017 to the D stations located in the same city.

2. On March 3, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while drinking as set forth in the foregoing 1.3., the Defendant driven the front road of Gangseo-si along one-lane from the one-lane cover of the cost-of-one percentage of the land unit located on the one-way cover of the land unit.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that the person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so, and received the front part of the FMW 640D car from the victim E (36 years old) driving in the opposite direction of the central line due to negligence, and received the front part of the passenger car from the Defendant.

As a result, the Defendant suffered injury to the victim, such as finite finites, tensions, etc., which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of driving at drinking, notification of the results of regulating drinking driving, and the register of driver's licenses;

1. All on-site photographs;

1. Investigation report (E telephone investigation);

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

1. Violation of the Traffic Act of the road as stated in the relevant law concerning criminal facts: Violation of the Traffic Act of the road as stated in Articles 148-2(2)3 and 44(1) of the Road Traffic Act: Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the holding of Articles 152 subparag. 1 and 43 of the Road Traffic Act:

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