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(영문) 대전지방법원 공주지원 2017.09.01 2017고단201
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 engaged in driving a car car even in C.C.

1. On March 17, 2017, the Defendant: (a) driven the said vehicle under the influence of alcohol at approximately 3 km alcohol concentration of 0.104% from the Eart front line in D at the time of Gongju-si to the front day of the oil apartment in the same city of Sin-dong; and (b) the Defendant driven the said vehicle under the influence of alcohol to the extent that it is drunk.

2. On March 17, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car at around 12:40, while driving the said car, leading the roads front of the “EM” in the D market at the public city, to the E-art door from the bank of a civil traffic bus terminal.

Since there is a narrow road where there are many people who look at the place because of the market alley, there was a duty of care to reduce speed and to check the right and the right of the driver of the vehicle in such a case.

Nevertheless, the Defendant, while neglecting such duty of care, was negligent in driving at 0.104% of alcohol content in blood while drunk, and did not see the Victim F (M, 82 years of age) who was walking in the front section of the Defendant vehicle, and received the part of the victim’s body in front of the right part of the Defendant vehicle.

As a result, the Defendant suffered a variety of diversity typology which requires approximately three weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to G, H and F;

1. Report on the occurrence of a traffic accident, report on the processing of report 12 case, report on the results of crackdown on driving of alcohol, report on the situation of a driver driving, control records, inquiry about the results of crackdown on driving of alcohol, copy of the ledger using a drinking measuring instrument, each investigation report, and a survey report on actual condition;

1. Application of the Acts and subordinate statutes governing diagnostic certificates and accident site photographs;

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the pertinent criminal facts, and Article 3(1) of the Act on Special Cases concerning the Selection of Punishment

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