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(영문) 대전지방법원 공주지원 2015.11.20 2015고단210
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving a vehicle BM5.

On June 20, 2015, at around 05:30 on June 20, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.223%, and led to the driving of the said car to the direction of 605-dong in front of the Jeju-ro 605-dong at the time of Gongju-dong.

It is an apartment complex without a central line, where the passage of a vehicle is frequent. In such a case, a person engaged in driving service has a duty of care to operate safely by accurately manipulating the steering direction and operating the steering system in a manner that well sees the movement of another vehicle.

Nevertheless, under the influence of alcohol, the Defendant shocked the left-hand side of the victim C(51) drive while driving the car at a close level due to the above negligence. The Defendant shocked the front-hand side of the said SM5 car.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, by negligence in the course of performing the above duties.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said SM5 vehicle under the influence of alcohol level of about 0.223% from the section of about 1km from the road near the new intersection road in the new intersection at the time of the aforementioned temporary border to the road in front of about 605 the said Jeju 6th apartment house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. 교통사고 발생보고서, 교통사고보고⑴⑵(실황조사서)

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a manual for control;

1. Application of Acts and subordinate statutes on site photographs and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) and (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and punishment by imprisonment without prison labor;

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