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(영문) 대전지방법원 2016.09.28 2016고단2366
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 driver of Ctrax XG car.

On June 24, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.074% during blood transfusions at around 21:47, while driving the said vehicle, and driven the front road of the “Songwon Flaz” located in the Sinwon-Eup in the new Sin-Eup in Sejong City, the Defendant driven the said vehicle into one lane from the direction of Daejeon to the direction of Daejeon.

In such cases, a person engaged in driving service has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, due to the negligence that the Defendant neglected the influence of alcohol and proceeded along as it is, the Defendant received the back part of the Esp vehicle of the victim D (27 Sp) driving in the same lane as that of the Defendant’s vehicle from the front part of the Defendant’s vehicle, and due to the shock, received the back part of the Victim F (23 ) driving a vehicle waiting in the signal at the front side of the vehicle, and continued to receive the back part of the said vehicle from the victim’s H(61) driving in the direction of the signal signal at the front side.

The Defendant, by such occupational negligence, suffered injury to the victim D, such as external flapsying, which requires approximately four weeks of medical treatment, injury to the victim F and the victim J (23 tax) and K (23 tax) who is the victim F and his her son, in the absence of an open address in the head requiring approximately two weeks of medical treatment, and injury to the victim H and the victim L (51 years of age) who is her flapsy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A statement of F, J and K;

1. A traffic accident report;

1. An accident scene photograph;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (occupational and dental duty).

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