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(영문) 대전지방법원 2014.05.13 2013고단4825
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for 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 B-to-car.

On September 19, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.201% 0.201%, and proceeded at a speed of five-lanes in front of the romo-dong in Daejeon metropolitan-gu, Daejeon, about the 4-lanes off the offside of the 4-lanes off the 4-lanes off to the 4-lanes off by the 4-lanes off.

At night, at the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operating the steering system, and to prevent accidents by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant discovered the victim C (the age of 66) who was fluent on the right side of the road in the direction that the Defendant had been negligent in neglecting this, and immediately operated the Hand to the left side in order to avoid this, but did not avoid this, and did not go to the right side of the victim and got the victim go to the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act is to suspend the execution (such as the one agreed with the victim and the one in depth);

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