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(영문) 대전지방법원 서산지원 2014.05.01 2014고단86
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 23, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 18:00, driven B K7 cars while under the influence of alcohol with the blood alcohol concentration of 0.080% at the 0.080% from the scambing surface to the scambing surface at the scambing surface.

The Defendant, while neglecting his duty of care to prevent accidents by maintaining the safety distance between the front and the front of the vehicle, was negligent in driving the vehicle in the same line as the previous vehicle by neglecting his duty of care to prevent accidents. D1 ton of the victim C(51) driving vehicle driven ahead of the previous vehicle, was stopped due to the stop of the vehicle’s body, and the Defendant’s driver’s vehicle completely shocked the rear of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim C, such as catum salt, etc. which requires approximately two weeks of medical treatment, and injury to the victim E (31 years of age) who was accompanied by the victim C driver's cargo vehicle, such as catum salt, etc. which requires approximately two weeks of medical treatment.

2. Around 18:00 on December 23, 2013, the Defendant driven the said BK7 car while under the influence of alcohol concentration of about 15km from the front of the restaurant at the Seosan-Eup, Seosan-si, Seosan-si, Seosan-si to the front of the bus stop at the Seosan-si, Seosan-si, Seosan-si, Dasan-si to the front of the bus stop at 0.080%.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A survey report on actual conditions, on-site photographs, and a report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act shall be the scope of the sum of the long-term punishment;

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