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(영문) 대전지방법원 2017.04.27 2017고단506

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On December 2, 2016, the Defendant driven the said car under the influence of alcohol level of 0.096% from blood alcohol level around 22:53 on December 2, 2016, and proceeded at the speed of about 100 km from the right side of the city-speed training center at the speed of about 100 km from the right side of the year to the right side of the 3-lane distance from the Seo-gu Busan Metropolitan City.

On the other hand, there was an intersection where signal lights are installed and there was a 70km speed limit, so it was confirmed whether a person engaged in driving service has a vehicle passing through the intersection by checking well the right and the right and the right, and there was a duty of care to prevent accidents in advance by accurately operating the steering gear and the brake system and observing the speed limit.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant’s negligence while driving a restricted speed exceeding 30 km, and the Defendant was driven by the victim C (25 ) (25 Do) who made a right-hand turn from the four-distance side of the Madin intersection to the Madin training center on the right-hand side of the Madyna car, following the Defendant’s motor vehicle, and received the left-hand part of the Defendant’s motor vehicle.

In the end, the victim C and the victim E (the 25 years old) who was a passenger of the said rocketing passenger car with the above occupational negligence suffered injury, such as catum dume, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B SP car with alcohol concentration of 0.096% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a survey report on the detection of a driver at home, a statement on the circumstances of a driver at home, and a traffic accident analysis report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.