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(영문) 대전지방법원 2016.06.03 2016고단881
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a low-income vehicle for C.

On March 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.109% in blood around 01:05, and proceeded at a speed that would not be known by two-lanes between the two-lanes from the opposite side of the opposite lusular road in the opposite lusular region in the large exhibition.

Since at night, the Defendant was at night, there was a duty of care to care in examining the right and the right and the right of the front.

Nevertheless, the Defendant neglected this and received the back portion of the victim D(27)'s Karen car which is parked in the signal atmosphere from the front bank due to the negligence that the Defendant was under the influence of alcohol as above, in front of the car.

Defendant 1 caused the victim D’s cirical negligence on the part of the above business and caused the victim F(F, 38 years old), and the victim G(P, 33 years old) who was on the car of the said car to suffer approximately two weeks of cirical cirical cirrity, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

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

1. Election of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act: The history of drinking driving crime.

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