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(영문) 대전지방법원 공주지원 2015.11.20 2015고단256
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a CM5 car.

On April 26, 2015, the Defendant driven the said car under the influence of alcohol level of 0.181% on blood alcohol level around 05:50, and driven the said car, and led to a two-lane of the public road tunnel in the vicinity of the Geumnam-dong, the head of the Sinju-si, the head of the Sinju-si, the head of the Sinju-si, the head of the Sinju-dong, the head of the Sinju-dong,

Since there is a tunnel, in such a case, a person engaged in driving service has a duty of care to safely operate the steering room and the right and the right and the right and the right, and to accurately operate the steering gear and the steering gear.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol, was shocked with the right-hand side of the said vehicle to the right-hand side of the Defendant’s proceeding, and continued to shocked with pedestrian fences and roadside trees on the right-hand side of the road.

Ultimately, the Defendant suffered from the damage of the sea d (the age of 25) of the victim D (the age of 25) who was on board the Defendant’s car due to the above occupational negligence in order to provide approximately 32 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Request for investigation and reply;

1. 교통사고발생보고서, 교통사고보고⑴⑵(실황조사서)

1. A written report on host driver, a written report on the status of an employer driver, a written statement on the status of an employer, and a control manual;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to each investigation report, investigation report (investigation as to whether it is related to serious injury), investigation report (Listening to the other damage situations to the victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational injury caused by sound driving, the choice of imprisonment without prison labor), Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

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