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(영문) 대전지방법원 2017.07.21 2017고단2070

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 driver of the rash car B.

On April 28, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.10% among blood transfusions on April 28, 2017, and driven the road in front of the Seo-gu Daejeon High School in front of the Seo-gu Daejeon High School, Seo-gu, Daejeon High School along a three-lane road along the direction of Gap thousand Ne-distance from the direction of the Ne-distance between Taeduk-gu, Daejeon High School.

In such cases, a driver of a motor vehicle has a duty of care to operate safely along the lane by accurately operating the steering and brake system.

Nevertheless, the Defendant neglected to operate the steering gear under the influence of alcohol without operating it properly, and entered the central line and entered the opposite lane, and thereby, received the front part of the victim C(61) driving that is proceeding in the second lane of the opposite lane, as part of the front part of the Defendant’s car.

The Defendant, by these occupational negligence, suffered injury to the above victim C, such as saved salt, tensions, etc., which requires approximately three weeks of medical treatment, and injury to the victim E (28 Dose) who is the saves, suffered from each other, such as finites, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a primary driver;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, Article 148-2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes in Violation of the Special Cases concerning the Settlement of Traffic Accidents and Impositions of Punishment on Crimes in Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against C with heavier criminal standing);

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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.