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(영문) 대전지방법원 2016.10.26 2016고단2230
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a CSP car.

On July 1, 2016, the Defendant driven the said car under the influence of alcohol of 0.101% with a blood alcohol concentration of 0.101% on July 1, 2016, and proceeded with a road of the mountain-friendly apartment distance of the Daejeon Jung-gu, Daejeon, as a mountain-friendly apartment room from the 7-est range of the evis-dong evis-do.

At the time, there are nights, and there are red flickering lights, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with its signals after temporarily suspending the motor vehicle in accordance with the aforementioned signals, such as a red flickering, etc.

Nevertheless, under the influence of alcohol, the Defendant failed to temporarily stop the vehicle driving signal while the vehicle driving signal was red-off lights, but failed to temporarily stop without temporarily stop, and attempted to detect, immediately stop, drive, and stop the E 125CC motor bicycle driven driven by the victim D (the age of 40) who was driven by the new signal such as the left-hand yellow flashing light, but did not avoid it, but did not stop the vehicle, and caused the victim to go beyond the road by shocking the front side of the victim's motorcycle of the driver's motorcycle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as cutting the body body felbs, which requires approximately seven weeks of medical treatment.

2. On July 1, 2016, at around 02:55, the Defendant: (a) driven CSP car under the influence of alcohol with a blood alcohol concentration of about 0.101% from a 430-meter radius around the Daejeon Jung-dong Do-dong 3-gu Daejeon to the shooting distance of the mountain-friendly apartment located in the Daejeon Jung-gu Do-dong Do-dong (USP).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The fact-finding survey report and the report on detection of a host driver;

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