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(영문) 대전지방법원 2018.12.12 2018고단2910
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 15, 2014, the Defendant received a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and a summary order of KRW 2 million for the same crime at the Cheongju District Court on August 31, 2009, respectively.

[Criminal facts] The Defendant is a person engaging in driving a BR-V car.

On June 26, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.143% during blood transfusion around 07:00, and led the Defendant to proceed in the direction of erosion in the direction of the Sejong Siwon at the four-distance intersection in front of the Sejong Silon, which is located in the Sejong Silon of Sejong-gu.

Since the location is a four-distance intersection where no signal, etc. is installed, a person engaged in driving service has a duty of care to prevent accidents by reducing the speed and properly manipulating the direction and the right and the right and the right and the right and the right and the right and the right and operating the steering direction and the system accurately.

Nevertheless, the Defendant neglected to do so and went to the right from the left side of the drinking direction, and received the front part of the DK3 vehicle driving by the victim C(31) of the DK3 vehicle driving.

In the end, the Defendant, while driving under the influence of alcohol more than twice due to the influence of alcohol, was negligent in the course of performing duties in order to suffer injury, such as fluoral dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A medical certificate;

1. Each report on investigation;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (a summary order);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 148-2(1)1 and Article 44 of the Road Traffic Act.

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