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(영문) 대전지방법원 2013.05.09 2013고단851
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. Around 18:20 on January 21, 2013, the Defendant driving a friendly apartment in Seo-gu, Seo-gu, Seo-gu, Daejeon, with a blood alcohol concentration of about 7km from around 0.111% under the influence of alcohol at around 0.11% from the 7km section to the red hotel front road located in Seo-gu, Seo-gu, Daejeon.

2. On January 21, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while under the influence of alcohol, driven the said car, and led the road ahead of the said road to bypass the road from the shot area of the mountain field, the mountain area, the shot area, and the lower court’s direction.

Since there is a crosswalk in which a signal light is installed, the driver of the motor vehicle has a duty of care to observe the signal and to safely drive the motor vehicle by checking whether there is a person who gets on the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along as it is, due to the negligence of the Defendant, received the victim D (the age of 64) and the denied victim E (the age of 65) who took the crosswalk from the right side of the Defendant to the left side in accordance with the pedestrian signals and received the victim E (the age of 65).

Ultimately, the Defendant suffered from the victim D’s occupational negligence, such as the left-hand hand in need of treatment for about two weeks, and the victim E suffered injury, such as abandonment of the lava in the right-hand lava and lava, respectively, for about ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Traffic accident report and accident report of an employer-employed driver;

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

1. Article 3 (1), Article 3 (2) (proviso) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment;

(a) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents:

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