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(영문) 대전지방법원 공주지원 2013.05.31 2013고단86
도로교통법위반(음주운전)등
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

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-learning car.

On January 14, 2013, the Defendant driven the above car on the front side of the new town at the time of the official city, while driving it on the front side of the new town at the time of the official city, and making the left turn to the front of the new town office from the front intersection.

At the same time, vehicles were parked at night, and there were pedestrians, so in such a case, the driver had a duty of care to check and drive the career safety by properly examining the direction of the driving while under the influence of alcohol.

Nevertheless, the Defendant neglected this and did not look at the direction of the progress while under the influence of alcohol 0.178%, and did not find the victim C (the age of 47) who was on the right right side of the Defendant’s proceeding and received the victim as the part before the right part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence by causing the victim to suffer injury, such as the right slotle inside the side part of the lower court, which requires treatment for about eight weeks.

2. On January 14, 2013, at around 00:25, the Defendant driven a B-learning car under the influence of alcohol content of about 50 meters from a section of approximately 50 meters, from the 0.178% under the influence of alcohol content, from the 0.178% under the influence of alcohol, to the 0.178% from the 50m section from the fright-dong fright-dong fright-dong fright-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a traffic accident report, and a photograph of the accident site;

1. A blood collection report, a request for appraisal of blood alcohol concentration, a table for appraisal request (2013-C-359) and a report on detection of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the punishment of imprisonment without prison labor;

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