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(영문) 대전지방법원 서산지원 2018.06.28 2018고단349
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] On December 3, 2009, the Defendant committed a violation of road traffic law at the Seosan Branch of the Daejeon District Court on December 3, 2009, including a fine of one million won, and a fine of four million won by the same court on May 12, 2017, and four times the same criminal records.

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is the driver of the first passenger car in B.

On March 17, 2018, the Defendant driven a motor vehicle with alcohol level of 0.147% at around 23:00, without obtaining a driver's license, while driving the motor vehicle, and driving the motor vehicle at a speed of 0.147% at a speed of 50km from the front of the D restaurant in Jin-si C at a speed of Jin-si.

In such cases, a driver of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and was driven by the victim E (I, 61 years old) who is waiting for a signal at the front bank due to the negligence of the Defendant’s failure, and received the front part of the front part of the first passenger car by driving the Defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as salt panion, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (Dless driving) were driven by the Defendant, at the time of the day indicated in paragraph 1, at the section of about 3 km from the front of a mutually aesthetic office located in the front of the front of the front of the seat of the Sinjin-si at the time of Jin-si, to the front of the D restaurant in Jin-si, Jin-si, without obtaining a driver’s license, while under the influence of alcohol 0.147% during blood while under the influence of alcohol.

Accordingly, the defendant is a person who has violated the prohibition of drinking twice or more, and a driver's license is granted under the influence of alcohol in violation of the above provision.

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