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(영문) 대전지방법원 2015.06.30 2015고단960
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a C observer car.

On February 25, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.155% 0.15% at around 23:21 on February 25, 2015, and led it to an influencies by driving the said car, leading it to the flood slope in front of the other fish banks on the Seo-gu, Seo-gu, Daejeon.

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 making a good living of the traffic situation and accurately operating the steering gear, etc.

Nevertheless, the Defendant neglected this and went through a four-distance intersection in the Southern-ray Park while under the influence of alcohol by wrong operation of the steering gear, and the center line was invaded by the central line, leading to the tricheon Riverside, which was proceeding under the Newho Lake, by the victim D(37 years of age) driving, the left-hand part of the driver's seat on the left-hand side of the driver's vehicle was placed in front of the left-hand part of the driver's vehicle.

The Defendant, by its occupational negligence, suffered, from the victim F (the 33-year-old), the victim F (the knee, knee, knee, etc., that requires treatment for about 2 weeks of injury to the said D, the victim G (the 5-year-old) who is the same passenger, the knee, knee, knee, etc., that requires treatment for about 3 weeks of less than 1 week, and the knee, knee, knee, and tension that require treatment for about 3 weeks to the victim H (the 3-year-old passenger) who is the same passenger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

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

1. Determination of choice of punishment;

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