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(영문) 대전지방법원 홍성지원 2019.06.18 2019고단39
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with two highest motor vehicles.

On November 23, 2018, the Defendant driven the said car while under the influence of alcohol of 0.160% in blood alcohol concentration on November 23, 2018, and led the two-lane road in front of the Boli-si, Boli-si, to proceed along the same intersection from the side of the D Middle School.

At all times, signal lights are installed, so in such cases, the driver has a duty of care to reduce the speed to the person engaged in driving duties and to prevent the accident by proceeding well with the other vehicles' attitudes in the signal lights and the frontline.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding as it is while neglecting to do so, was shocked with the back part of the passenger car with the highest top of the passenger car driven by the victim E (the age of 28) who is standing in the signal atmosphere at the bend of the bend.

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

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a passenger vehicle with two low alcohol level of 0.160% under the influence of alcohol at a section of about 300 meters from the G apartment parking lot at the time of a temporary warning as set forth in paragraph (1) to the C history as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (victim E telephone communications);

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. The actual condition of each traffic accident;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.

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