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(영문) 대전지방법원 2017.06.28 2017고단1443

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person who is engaged in driving a vehicle in the CMF5 vehicle.

On January 28, 2017, the Defendant, while under the influence of alcohol content of 0.093% from blood, proceeded at an insular speed two-lanes along the modified distance from the dives distance towards the tri line between the eth of Seosan-dong, Seosan-dong, Seogu, Daejeon Metropolitan City, where 0.093% of alcohol content is drunk.

At the same time, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by complying with the traffic signal, properly operating the steering system and the steering system, and by accurately operating the steering system and the steering system.

Nevertheless, under the influence of alcohol, the Defendant got off the front part of the E-learning car driving by the victim D(38 tax) who passed the e-learning car to the direction of the e-learning distance on the side of the dry field e-learning distance from the port side by the negligence of entering the intersection without examining the front side and the left side of the road.

As a result, the Defendant suffered injury to the victim, such as a escape from the right angle and a charnel, which require approximately 12 weeks of treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a CM5 vehicle under the influence of alcohol with 0.093% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

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. Suspension of execution;