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(영문) 대전지방법원 천안지원 2018.10.12 2018고단1294
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On February 3, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol content of 0.05:40% on blood, and the Defendant was under the influence of alcohol content of 0.052% on the south-gu Cheongyang-gu Yan-gu Yan-gu Yan-gu Yan-gu Yan-gu 2:20 on the south-gu Yan-dong 2:4 on the south-gu Yan-gu Yan-dong apartment room. In such a case, the Defendant was under the duty of care to take part in driving a vehicle with the duty of care to prevent accidents in advance by accurately manipulating the front bank and left and the right

Nevertheless, under the influence of alcohol, the Defendant got a victim C (V) who dried a crosswalk installed at the crosswalk, due to negligence in which the Defendant was negligent, and suffered an injury, such as spinal felling, which requires approximately eight weeks of treatment, to the victim.

2. Defendant 1 was under the influence of alcohol concentration of 0.052% in blood on the same day, and Defendant 2 driven the said vehicle from the trade influenite-dong, Yanan-gu, Yanananan-si to the trade influe-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act is to increase the possibility of traffic accidents and to transfer the life and home of others as well as himself/herself.

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