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(영문) 대전지방법원 2017.01.19 2016고단3543
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a driver of coos car in B.

On September 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.117% among blood transfusions on September 00:35, 2016, and led to the driving of the said car along the driving distance in front of the border area D in the Daejeon East-gu, Daejeon, along the two-lanes of the offside distance from the offside of the offside to the offside of the parallel.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to safely drive the motor vehicle according to the traffic conditions of the road and the structure and performance of the motor vehicle, and to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the front-time city, and the part of the Defendant’s back-end part of the victim E (V, 31 years old) driving in the front-round distance was shocked with the front-round part of the Defendant’s car driving.

The Defendant suffered, by these occupational negligence, the injury of the victim E, such as catum, catum fatum, and datum datumal datum in need of approximately two weeks of treatment, and the injury of the catum and datum datum datum in need of three weeks of treatment to the victim G ( South and the age of 30) who is his son.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and Gr;

1. A traffic accident report;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Inquiries about the results of crackdown on driving alcohol;

1. A map at the scene of an accident;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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