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(영문) 대전지방법원 2012.11.30 2012고단3291
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On August 23, 2012, the Defendant, while under the influence of alcohol with 0.107% a blood line alcohol concentration, was driving the said vehicle at the Jalton-ro intersection, which is located in the Seo-gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City on August 23, 2012, with the water and the water and the water and the four-distance outflow, and became left left at the distance of sunrise.

Since there is no signal signal light, in such a case, a person engaged in driving service has a duty of care to confirm and safely proceed with the vehicle passing through the intersection by temporarily stopping or slowly driving prior to entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant received the left-hand portion of the victim C(Y, 51 years old) drive TraXG D as the Defendant’s driver’s vehicle, which was directly engaged in the opposite direction due to the negligence in progress.

Ultimately, the Defendant suffered injury to the victim, the passenger E (53 years of age), and F (54 years of age) of the victimized vehicle due to the above occupational negligence, such as the clifal and the clifal clifal, which requires treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, E, and F;

1. Each written diagnosis;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The actual condition of traffic accidents;

1. On-site and related vehicle photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1), the proviso of 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 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

1. The defendant's reasons for sentencing in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes are drinking.

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