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(영문) 대전지방법원 2017.08.23 2017고단2006
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 person who is engaged in driving a low-priced car.

On February 4, 2017, the Defendant, while under the influence of alcohol level of 0.118 percent from blood alcohol level around 02:35, the Defendant driven the said vehicle, and driven the said vehicle at the front line of the Daejeon Seo-gu, Daejeon, Daejeon, Daejeon, the Defendant driven the said vehicle at the 4th e-mail level from the e-mail level to the new e-mail level from the e-mail level.

At that time, there was a cross-section at the front of the Defendant, and there was a vehicle waiting for signal signals in accordance with the stop signals, so in such cases, there was a duty of care to maintain the safety distance with the front vehicle by thoroughly operating the front and the brake system accurately, and to stop safely.

Nevertheless, due to the negligence of being negligent in driving while under the influence of alcohol, the Defendant received the back portion of the victim C (the 54-year-old driving) driving that was stopped before the Defendant’s running direction as the front portion of the Defendant’s low-speed car.

As a result, the Defendant suffered injury, such as satisfinal satchitis, which requires approximately two weeks of medical treatment from the above victim due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and Article 38 (2) of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that driving a motor vehicle while driving the motor vehicle in a drinking state has caused the traffic accident, and twice the record of drinking crimes;

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