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(영문) 대전지방법원 홍성지원 2014.02.21 2013고단815

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

At around 19:20 on August 31, 2013, the Defendant driven the above cargo and got to turn to the left at the bar per person at the intersection located in the Seosan-gu Eup/Myeon, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, under the influence of alcohol content of 0.095%.

At all times, there was a duty of care to make a left-hand turn safely by examining whether there are three-distances in which traffic is not controlled.

Nevertheless, due to the negligence that neglected to turn to the left while under the influence of alcohol, the victim D(25 years of age) drivered the E-mail of the victim D(25 years of age) who was straighted in the adjacent lane, and the victim suffered approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (the actual survey report, 1, 2);

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Investigation reports (application, etc. of the Madmark);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the sum total of the long-term punishments of the crimes stipulated in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the damage of the victim of the traffic accident of this case is not serious, and that the defendant seems to have in depth reflected his mistake while intending to commit the crime of this case, and that the blood alcohol concentration of the defendant at the time of committing the crime of this case is obvious.