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(영문) 대전지방법원 2017.04.20 2017고단90
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CSM 3 car.

On December 15, 2016, the Defendant was under the influence of alcohol content of 02:45% in blood, and was under the influence of alcohol content of 0.162% in Daejeon-gu, the Defendant was under the influence of driving the said EM 3-car on the front of his/her pharmacy located in Daejeon-gu.

A person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by examining the rear side, etc. in the event of moving a motor vehicle. Nevertheless, the defendant did not look at the rear side while under the influence of alcohol while driving the motor vehicle, and the defendant suffered an injury, such as the sM 3 motor vehicle f (41 f), which caused the victim F (41 f) who was driving the motor vehicle behind the said sM 3 motor vehicle due to the negligence of driving the motor vehicle after driving the said 3 motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to field and photographs measuring drinking;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the defendant's blood content is high in light of the circumstances favorable to the defendant, such as the fact that the defendant is under the time of and against the crime of this case, the vehicle of the defendant's household is covered by the comprehensive automobile insurance, the first offender who is the defendant, the degree of injury to the victim, and the degree of injury to the victim is not severe.

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