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(영문) 대전지방법원 공주지원 2014.11.07 2014고단227
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On March 25, 2008, the Defendant received a summary order of KRW 1 million from the Daejeon District Court's official support for the violation of the Road Traffic Act as a crime of violation of the Road Traffic Act, and on August 18, 2008, from the Daejeon District Court's Incheon Branch of the Daejeon District Court's Incheon Branch of the District Court, the Defendant received a summary order of KRW 3 million as the same crime.

【Criminal Facts】

1. Around 08:50 on July 15, 2014, the Defendant driven a B car under the influence of alcohol with a blood alcohol concentration of about 0.10% from a distance of about 500 meters from the 500-meter radius to the intersection in the same Dong-dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B car.

At around 08:50 on July 15, 2014, the Defendant driven the above car and proceeded by righting the way from the Cheongyang-dong to the west-dong of the Cheongyang-do.

A driver has a duty of care to prevent accidents by thoroughly operating the front time and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the Defendant’s driving of the victim C (the age of 42) who stops in order to make a right-hand at the right-hand side of the horse where he was negligent.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident or a report on a traffic accident (1, 2, and a report on actual condition);

1. An accident site photograph;

1. Answers to the entrustment of investigation;

1. A report on detection of a drinking driver, a manual for enforcement, and a circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the previous records and the confirmation of criminal facts) Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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