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(영문) 대전지방법원 홍성지원 2016.05.31 2016고단178
교통사고처리특례법위반등
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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Cknife automobiles

On January 11, 2016, the Defendant driven the said car with alcohol content of 0.073% in blood at around 04:13, while under the influence of alcohol, and led to the speed of about 40km from the red hot spring to the red police station at about 78km-gun red-gun culture.

At this point, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system without driving alcohol while drinking.

Nevertheless, the Defendant neglected this and found the victim D (61) who crossed the road from the side to the luminous Lighting while driving a brealy in the state of drunken by negligence, and received the victim's right-hand bridge from the victim to the front part of the car of the car of the car of the car of the car of the car of the car of the car of the car of the breath.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim from blood transfusion, which requires approximately 17 weeks medical treatment.

2. On January 11, 2016, the Defendant driving a car with C Kanop in the state of alcohol alcohol concentration of approximately 0.073 percent from a portion of about 500 meters away from the roads in front of the red hot spring in Hongsung-gun, Hongsung-gun, Hongsung-gun to the roads in front of the Hongju High School, the same Eup culture, from around 78 meters to a point in front of the Hongju High School.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. On-site photographs;

1. Application of statutes in a statement of intention;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to criminal facts, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor).

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