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(영문) 대전지방법원 공주지원 2017.07.14 2017고단133
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 12:50 on April 8, 2017, the Defendant driven a Category B car while under influence of alcohol at approximately 0.097% of alcohol content from the 2km section from the horses 28 to the same 3rd-distance road from the 3rd-distance under the 193rd-si Tri-si Trith of Sim-si.

2. Around 12:50 on April 8, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a three-lane car car volume, driving at a speed of about 30 to 40km per hour on the side of a three-lane road in front of the C in front of the public city, at a speed of about 30 to 40km from the south-ri-ri side at a three-lane width.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant neglected such duty of care and was negligent in driving the central line while drunk to 0.097% of alcohol content in blood while drunk, and received ESV125 Oba, which is driven by the victim D in the opposite direction, as the front right part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business as above, such as a rash rash, etc., to the right-hand side in need of approximately nine weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspects of D;

1. A report on the occurrence of a traffic accident, a traffic accident report (1), an investigation report, a circumstantial statement of the driver at home, a report on the results of regulating drinking driving, and an investigation report;

1. Application of the Acts and subordinate statutes governing diagnostic certificates and accident site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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