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(영문) 춘천지방법원 2018.05.10 2018고단132
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 is engaged in driving of a motor vehicle B and C.

1. On January 20, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol concentration of 0.063% among blood transfusions at around 20:30, while driving the said vehicle at around 0.063%, and driven the intersection of the border crossing of 27-25, Seocheon-si, Namcheon-si, Namcheon-si, the intersection of the said vehicle at the border level of Chuncheon.

At the same time, at night, the victim C(31) was driving on the front door, and in such a case, the driver was obliged to take a duty of care to prevent accidents in advance by keeping the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are maintained

Nevertheless, under the influence of alcohol, the Defendant received the back part of the damaged vehicle with the front part of the Defendant’s vehicle due to negligence.

The Defendant, by these occupational negligence, suffered injury to the victim C in need of approximately two weeks of medical treatment, and injury to the victim E (26 years of age) who was on board the damaged vehicle, such as brain salute requiring medical treatment for about two weeks of time.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the B-wing and Ⅲ cargo vehicle under the influence of alcohol level of about 0.063% in a section of about 15 km from the pentan to the Yancheon-si, Namcheon-si, Gangwon-do, Gangwon-do, in which it is impossible to find out the trade name on the north-west side of the D-si in the above day-to-day match.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, reporting on each traffic accident, on-site photographs, statement reports on the situation of the driver placed at home, inquiry into the results of crackdown on drinking driving, and the application of each statute;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation) concerning criminal facts, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts.

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