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(영문) 대전지방법원 2018.05.31 2018고단1009

교통사고처리특례법위반(치상)등

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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. The Defendant is a person who drives a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On 04. 03:00 on 04. 04. 03:00, the Defendant driven the said car with alcohol content of 0.073% during blood, and continued two-lanes on the surface of the village apartment room in which the two-lanes of the four-lanes are located in the eropo-gu in the large wartime.

At all times, since the street crossings where signal lights are installed, the driver of the motor vehicle has a duty of care to reduce the speed and safely drive the motor vehicle in accordance with the signals and prevent the accident from spreading.

Nevertheless, the defendant neglected the above duty of care and entered the above private distance intersection due to the negligence of the plaintiff's failure in drinking signals in violation of the above duty of care and thereby, the victim's car was transferred to the right side of the victim C (50 years old)'s low right side part of the driver's car, which was conducted by the defendant's driving under the new code from the right side of the defendant's driving direction, to the right side of the victim's car.

As a result, the defendant suffered by negligence on duty the victim's injury, such as crossing No. 2 of the left-hand side 2 which requires approximately six weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) driven the above BM3 vehicle under the influence of alcohol with about 300 meters alcohol concentration at a section of approximately 0.073% from the front of the village apartment 108 Dong to the future located in the same Gu from the road of about 300 meters long from the village apartment located in the same Gu at the time of the 1st day of paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and photographs;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.