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(영문) 대전지방법원 논산지원 2014.03.28 2013고단270
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

On June 15, 2013, at around 07:00, the Defendant driven B Poter freight with a blood alcohol concentration of 0.108% without a driver's license on June 15, 2013, and proceeds from two-lane roads in front of the apartment located in the So-to-Eup movable property in Egrari, So-to-soon.

At the time of the defendant's running direction, the D Poter's D Poter's D Poter's 71 years old was stopped in two lanes, so in such a case, the driver had a duty of care to care to prevent the accident by safely proceeding with the former and driving the accident safely.

Nevertheless, the Defendant neglected to do so and led the victim C to take the back side of the cargo vehicle of the victim C into the front right side of the cargo vehicle of the defendant, and the victim C's cargo is pushed ahead in the future with the shock and was parked in the front of the cargo vehicle of the victim C, and the victim C would have the front part of the Eununst Motor Vehicle that was parked in the front of the vehicle.

As a result, the Defendant suffered injury to the victim C, such as damage to the number of scams that require approximately eight weeks of medical treatment, and injury to the victim G (Nam and 18 years of age) who was accompanied by the Defendant’s cargo vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of the respective Acts and subordinate statutes, including the fact-finding survey report, field photographs, report on detection of a host driver, report on the circumstantial statement of a host driver, response to commission, diagnosis, certificate of vehicle driving license, and the register of vehicle driving licenses (in 69 pages of the investigation record); and

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, concerning facts constituting an offense.

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