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(영문) 대전지방법원 천안지원 2018.06.08 2018고단497
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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a driver of a franchise-free car.

On February 9, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.100% among blood transfusion around 22:50, and driven the above vehicle at a 0.10% level, and led the two-lanes of the two-lanes between the two-lanes at the surface of the Chungcheong hospital in the area of the hot spring basin where the D in front of the Asan City C was located at Asan City.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the front side and the left side and the right and the left side and the steering system.

However, the Defendant, by negligence, caused the injury to the victim E (39) who was under the influence of alcohol by negligence while driving his vehicle, due to the shock of the front part of the Defendant’s vehicle chief, resulting in an injury to the victim, such as the need for a medical treatment for about two weeks, pelvis, pelvis, and other pelvise parts of the upper part, which are in need of a medical treatment for about two weeks.

2. On February 9, 2018, the Defendant was under the influence of alcohol level of 0.100% among blood transfusions on February 22 and 50, 2018, the Defendant driven B-low-low-income vehicle within about 10 meters from the F-distance to D, located in Asan City C.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of a driver driving a driving driving);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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