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(영문) 대전지방법원 2018.09.06 2018고단2144
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2018, the Defendant violated the Road Traffic Act (drinking) driven a CTbluri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle as set forth in paragraph 1 above.

At the time stated in paragraph 1 above, the defendant driving the above vehicle while under influence as stated in paragraph 1 above, and driving the vehicle in front of the exit 4th parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel line from the four-lane parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to driving the motor vehicle well.

Nevertheless, under the influence of alcohol, the Defendant neglected it and neglected to change the course in the same direction, and received the back part of the victim D's Echip car's right side in the same direction as the front part of the said Tchip car.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence, such as crypum dump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the detection of drivers of ratss;

1. The circumstantial statement report;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3(1) and the proviso to Article 3(2)8 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 (the occupation and loss of duties, the choice of imprisonment without prison labor), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the occupation of drinking and the choice 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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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