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(영문) 대전지방법원 천안지원 2017.03.31 2016고단2739
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of freight cars.

On December 17, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.072% from the blood transfusion around 21:08, and continued to proceed from the terminal side to the Eastcheon church in accordance with the two-lane road in front of the Eastcheon church.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as accurately operating the steering direction, brakes, etc. of the motor vehicle and clarifying the front direction.

Nevertheless, the Defendant neglected this and proceeded with the part of the back part of the victim D (M, 29 years old) driving E-car driving, which was standing in the front signal signal signal of the Defendant, due to the negligence of neglecting it, was shocked by the front part of the Defendant driving.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, salt f(32) and tensions, etc. from the victim F(7) who was on board the said victim, the victim F(32) and G(7) for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a Ccoon in the section of about 7 km from the road near the Hobow, which is located in the north of the Eup/Myeon located in the Asia-si, in the condition of alcohol concentration of 0.072% among the blood transfusions at the time specified in paragraph (1) to the roads front of the Dongcheon church located in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of the driver involved in driving, and inquiry into the results of crackdown on drinking;

1. An accident scene photograph;

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

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

1. The Commercial Concurrent Crimes Act.

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