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(영문) 대전지방법원 2017.04.26 2017고단208
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with Curatom.

On January 7, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.108% in blood around 03:00, while driving the said vehicle, and proceeded at a speed of about 40km per hour from the direction of Sejong to the 3-lane in the direction of the fourth four km away from the north of Daejeon Pung-gu.

At the same time, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by complying with the traffic signal, properly operating the steering system and the steering system, and by accurately operating the steering system and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s left side part of the Defendant’s vehicle with the victim D (30 years old) who was making a stop in line with a stop on the bend of the bend.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a C windowus car with the alcohol level of 0.108% at the date and place specified in paragraph 1, and with the alcohol level of 0.108% at the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. Order to attend lectures under the Criminal Act;

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