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(영문) 광주지방법원 순천지원 2017.05.24 2017고단157
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

The defendant is a person who is engaged in the operation of EXP car.

On December 23, 2016, the Defendant driven the said car under the influence of alcohol level of 0.150% from blood alcohol level on 22:50% on December 23, 2016, and proceeded at a speed of about 30km from the direction of the public announcement to the direction of the entrance of the main apartment in the chill-dong, Chungcheongnam-dong, Hong-dong, in a speed of about 0km from the direction of the public announcement.

At the time, there is a place where the center line of the yellow-ray was installed at night and there is a place, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle in a safe manner and to protect the lanes.

Nevertheless, the Defendant, while under the influence of alcohol, has been driving by a victim C(68) (S) who was under the influence of a central line due to negligent negligence.

D The front part of the EXW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt in the part requiring approximately two weeks of treatment, and the injury to the victim E (25 years of age) who is the passenger of the said Abdon-purged vehicle, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (victim E telephone conversations);

1. A traffic accident report (1) (2) (2)

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person on duty due to the driving of a motor vehicle) and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and 50 of the Act on Special Cases Concerning the Settlement of Traffic Accidents) against victims C with heavier punishment.

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