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(영문) 대전지방법원 2020.05.07 2020고단463
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:40 on January 19, 2020, the Defendant was driving a B K3 car under the influence of alcohol level of about 10km from the front side of a restaurant where it is impossible to know the trade name in the Sejong Psidong to the outer yellow distance according to the North flow of Daejeon Pung-gu, the Defendant driven a B K3 car under the influence of alcohol level of about 0.117% in the direction of about 10km.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving B K3 cars.

At around 00:40 on January 19, 2020, the Defendant, while under the influence of alcohol of 0.117% of blood alcohol concentration, proceeded with two lanes from the surface of C Hospital at Sejong-si to the surface of the five lanes from the outer trine distance, which is located along the north of Daejeon Peong-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure safe operation by safely manipulating steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front-time city, and the victim D(the age of 37) was driven by the victim D(the age of 37) who was parked in the front-round road in the front-round vehicle of the Defendant driving vehicle, thereby suffering from the Defendant’s injury, such as salt, tension, etc. of the light that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, the report on the results of the drinking driving control, and the circumstantial statement;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [Article 38 (2) of the Criminal Act [Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty, (Article 37) shall apply to concurrent crimes;

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