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(영문) 대전지방법원 2017.12.11 2017고단4034

교통사고처리특례법위반(치상)등

Text

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

The defendant is a person who is engaged in driving a ballon B with a ballon.

On September 29, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.253% during blood transfusions on September 19, 2017, and led to the two-lane roads of the Daejeon East-gu Seoul East-gu Seoul East-do along the direction toward the personal direction from the side of the Gyang Park.

Since there is a central line that has been installed as the center separation of cement block, in such a case, there was a duty of care to accurately manipulate the steering gear and brakes to those engaged in driving service, and to prevent accidents in advance by passing the center line on the right side.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving on the left side of the center line, and was driven by the victim D(50) to the right side of the passenger vehicle in front of the cargo vehicle of the Defendant.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol as above, and caused the victim by negligence in the course of business to suffer injury, such as salt pans, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written opinion, criminal place, actual investigation report, diagnosis report, estimate, investigation report, and report on the results of investigation;

1. Application of Acts and subordinate statutes to the reports on detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and inquiries about the results of regulating drinking;

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;