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(영문) 대전지방법원 2016.10.07 2016고단2488

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2016, at around 23:12, the Defendant, while under the influence of alcohol 0.147% of blood alcohol concentration, driven a CKan Kyn Kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn-kyn

At the time, the victim D was placed on the right side of the defendant's road, and the victim D was placed on the crosswalk installed on the front side of the defendant's road, but it did not confirm whether or not pedestrians or other vehicles and horses pass by temporarily and by the negligence in front of the above victim's vehicle without checking the passage of pedestrians or other vehicles and horses, and caused the victim to suffer the injury, such as the 3 and 4th left-hand crossings, which require treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal affairs;

1. Article 3 (1), Article 3 (2) (proviso) 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of drinking and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The consideration of the fact that an agreement is made with the victim, the fact that an agreement is made with the victim, the confession is made, and the confession is made against the fact that an agreement is made with the victim, etc.