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(영문) 대전지방법원 2017.04.18 2016고단4371
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of the salary class B and the knife vehicle.

On November 23, 2016, the Defendant driven the above passenger-line 0.147% under the influence of alcohol while under the influence of alcohol at around 18:50 on November 23, 2016, while driving the said passenger-line 0.147%, and proceeded with the three-line three-lane roads in the Jung-gu, Daejeon.

Since there is a crosswalk on which signal lights are installed, there was a duty of care to prevent accidents in advance by complying with traffic signals to a person engaged in driving duties, by properly operating the steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the victim E (57) who was at the time of stopping at the bend in the bend, due to the negligence of the Defendant, and was driven by the victim E (57) at the bend in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as finite salt and tension, which requires approximately two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B wing and riding cars while under the influence of alcohol with 0.147% alcohol concentration in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 38 (2), and Article 50 of the said Act (the punishment shall be imposed with imprisonment within the scope of the sum of the long-term punishments for each of the above crimes);

1. Suspension of execution;

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