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(영문) 대전지방법원 서산지원 2019.07.25 2018고단894
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on April 3, 2018, the Defendant was driving a DNA rocketing car under the influence of alcohol leveling 0.212% from the 1km section of approximately 1km to the 615th road located in 1779-8, Jin-si, Jin-si, Jin-si, 21:30 on the same day.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a Drocketing car.

On April 3, 2018, the Defendant was under the influence of alcohol 0.212% as stated in paragraph (1) on the 615th road in Mangjin-si, 1779-8, Mangjin-si, 1779-8, and the Defendant was proceeding at a speed of 40 Kkm per hour depending on the said one-lane road.

At the time, it was a road where a central line is installed, so a person engaged in driving service has a duty of care to drive without harming the central line.

Nevertheless, as described in Paragraph 1, the Defendant, as a result of the negligence of driving in the station line while drinking alcohol and driving in the center line, received from the victim E(E, E, E, 51 years old)'s low-speed driver's length of driving in the opposite part, and suffered injury such as a chest felcing that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by E;

1. The actual condition survey report;

1. A medical certificate;

1. Written appraisal and notification of the results of the drinking driving control;

1. Blucs and video data CDs;

1. Application of the photographic Acts and subordinate statutes;

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, Article 148-2(2)1, and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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