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(영문) 대전지방법원 공주지원 2013.03.29 2012고단395

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving CK7 cars.

On September 19, 2012, around 05:12, the Defendant driven the said car while under the influence of alcohol of 0.087% of the blood alcohol concentration, depending on the two-lanes of the two-lanes, at a point of 57.9 km from the Seocheon-si Expressway, which is located on the right side of the public road at the right side of the public road.

At the time, there are ENS cars driven by the victim D(the age of 19) at night and at the same time, so the person engaged in the duty of driving a motor vehicle has a duty of care to accurately manipulate the steering direction, brake system, etc. of the motor vehicle and to drive the motor vehicle safely.

그럼에도 불구하고 피고인은 술에 취해 이를 게을리 한 채 그대로 진행한 과실로 2차로 우측 가드레일을 들이받은 후 튕겨져 1차로를 진행하던 피해자 D이 운전하는 위 승용차를 들이받았다.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim D, such as an influence of a detailed brush of an unknown part that requires treatment for about four weeks, and suffered injury to the victim F, who was on the said NAS car, such as a fluoral fluoral fluoral fluoral fluoral fluorals, which requires treatment for about six weeks, to the victim G, who was on the said K7, for about six weeks, such as the left-hand fluoral fluoral fluor, etc.

2. On September 19, 2012, the Defendant violated the Road Traffic Act (driving a sound driving) driven the said K7 vehicle while under the influence of alcohol of approximately 37 km section from the vicinity of the Yongsandong-gu Daejeon to the place indicated in paragraph (1) of this Article.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements of D;

1. The actual condition of traffic accidents;

1. A written instruction from an employer, a written instruction from an employer, and a written report from an employer (38 pages);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;