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(영문) 대전지방법원 천안지원 2014.01.09 2013고단1390
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2006, the Defendant is a person with more than three times the previous records of the same criminal act, and a person engaged in driving of BM5 vehicles, except for those sentenced to a fine of three million won in the same court on June 16, 2008 due to the same crime, etc., in the support of the Daejeon District Court on November 30, 2006.

1. On September 27, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle with a blood alcohol concentration of 0.077% at around 0:10, and driving the said vehicle at an intersection where the signal apparatus is installed, and driving the two-lane road in front of the movable property, the East-ri, the East-ri, the East-ri, the East-ri, the East-ri, the East-ri, and turn to the left.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and thoroughly drive the motor vehicle, and to prevent accidents in advance by safely driving according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left and neglected to turn to the left, brought the front part of the victim C(the age of 42) driving in the front part of the car, which was turned to the front side of the vehicle of the Defendant, from the opposite side of the opposite side.

The Defendant suffered from the injury of the victim C and the victim E (the age of 31) by negligence in the course of performing the above duties, such as crypum dump, which requires approximately two weeks of treatment.

2. Around 20:10 on September 27, 2013, the Defendant driven the said SM5 vehicle under the influence of alcohol content of 0.77% from the Do near the Gi-dong Gi-dong, Masan-dong, to the place of accident as set forth in paragraph 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report and photographs;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Previouss before ruling: Criminal history records, inquiry reports, investigation reports (a report accompanied by judgment, etc.) and other Acts and subordinate statutes;

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