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(영문) 대전지방법원 2013.11.01 2013고단3717
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 29, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) on August 29, 2013, the Defendant driven a one-lane road in front of the Sungsan-si, Chungcheongnamsan-gun, under the influence of alcohol content of 0.141%; and (b) on the south of Geumsan-si, the Defendant driven a one-lane road in front of the Sungsan-ri Village and proceeded toward the south of Geum

At the time, the driver of the vehicle was at night, and there was a road where the center line of the yellow-ray was installed, so the driver of the vehicle had the duty of care to observe the car line and faithfully prevent the accident in advance, but the Defendant did not properly display the road under the influence of alcohol, and found it late in the course of avoiding it, the Defendant sustained the injury of the injured party F (the age 41) who is the victim D and the driver of the damaged vehicle, who was the front part of the vehicle, due to the negligence of the injured party D (the age 48) driving seat of the E-line truck driven driven by the center line in the direction of the vehicle in the course of avoiding the accident, caused the injury of the injured party F (the age 41) who is the victim D and the driver of the damaged vehicle, requiring medical treatment for 20 days.

2. Around 19:00 on August 29, 2013, the Defendant was driving a Cloper vehicle at a section of about 2 km to the front road of the Sungsan-gun in the same Gun under the influence of alcohol concentration of 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each written diagnosis to a report on detection of a host driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 28 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. The punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the victim F of the option of punishment;

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