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(영문) 대전지방법원 홍성지원 2017.01.31 2016고단864
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

1. On October 3, 2016, the Defendant violated the Road Traffic Act (drinking) driving a motor vehicle under the influence of alcohol content of approximately 0.089% in a section of about 2.5km from a 2.5km to a restaurant in front of a restaurant to a black-distance road in the same city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with B investment vehicle.

On October 3, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.089% from the blood alcohol level of 19:00 on October 3, 2016, and driven the three-lane ahead of the black Tri-distance in the Yellow Sea in the Yellow Sea in the Yellow Sea of the Yellow Sea along one-lane.

At that time, signal was installed in a three-distance, signal lights were used at the time, and the above-mentioned vehicles were stopped in accordance with the new subparagraph, so in such a case, the defendant engaged in driving of the motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to cause danger and harm to others depending on road traffic conditions and the structure and performance of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a way as to prevent accidents in advance by safely driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and found the D Poter cargo loaded in front of the Defendant’s vehicle, which was driven by the Victim C (42 Do) who was under the influence of the present signal due to negligence on the part of the Defendant’s failure to keep the vehicle in front at the front. However, the Defendant was unable to avoid the situation, and was able to get the damaged vehicle loaded behind the damaged vehicle.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

3. The defendant, who violated the Traffic Act on the Road, committed an accident as referred to in the above 2.

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