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(영문) 대전지방법원 서산지원 2017.06.13 2017고단185

교통사고처리특례법위반(치상)등

Text

1. The punishment of the accused shall be ten months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. 도로 교통법위반( 음주 운전) 피고인은 2017. 3. 12. 18:00 경 당 진시 신평면 금 천리에 있는 땡 그리 식당 앞 길에서부터 당 진시 C에 있는 D 앞에 이르기까지 약 50 미터의 구간에서 혈 중 알코올 농도 0.163% 의 술에 취한 상태로 E 스타 렉스 차량을 운전하였다.

2. The Defendant is a person who is engaged in driving of the Esch Rexroth cargo vehicle.

On March 12, 2017, the Defendant, at the front of D in Jin-si, Jin-si, D in Jin-si, Jin-si on March 12, 2017, proceeded along a two-lane between D and D.

At the same time, since it was a road where many vehicles pass through, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering area and the right and the right and the right and the right and the right, and by accurately manipulating the steering direction and the system.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol as described in paragraph 1, thereby causing injury to the victim H ( South, 61 years old) who was on board the f-board vehicle at the time when he received the part of the front part of the f-board passenger vehicle operated by the Defendant’s driver as the part of the f-board passenger vehicle in front of the f-board passenger vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and on-site photographs;

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

1. Application of Acts and subordinate statutes to medical certificates and medical records;

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 criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

2. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Imprisonment without prison labor or a heavier punishment;

3. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;