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(영문) 대전지방법원 2017.09.28 2017고단2919

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for seven 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 operates Chump X-D.

On June 19, 2017, the Defendant was under the influence of alcohol concentration of 0.162% in blood at around 00:10, the Defendant was under the influence of alcohol, and the Defendant was under the influence of signal waiting in order to drive one lane of six lanes in front of the members of the family members of the Geongdong Women's Family in the Bongdong-gu, Yongdong-gu in the direction of the flow distance away from the Negi-gu in the future.

The driver of a motor vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brake system in a way that he/she well sees the front side as well as to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in failing to accurately operate the brake system while neglecting the above duty of care and was negligent in driving the victim D(32 years old) who stops in the signal waiting at the front bank, and received the part of the driver in front of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the Victim D and the Victim F (28 years old) who was accompanied by the victim’s car with the above occupational negligence, including around three weeks of clocks, tensions, etc. in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on the actual condition of traffic;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

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