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(영문) 대전지방법원 2012.12.06 2012고단2120
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

On January 17, 2012, the Defendant, as a person engaged in driving CKan-Pon, was driving the said passenger vehicle with a blood alcohol content of 0.068% at around 00:15, while driving the said passenger vehicle at around 00:0,068%, and driving the two-lane road in front of the Gaman-dong, Seo-gu, Daejeon, Seo-gu along the two-lane-laned village Neng-gu, Seo-gu, Seo-gu, with a large village negative distance room, while driving the two-lanes, the Defendant was able to look well at the front line and left of alcohol and to receive the bicycle from the victim D (29 years of age) at the front line of the car of the Defendant due to occupational negligence, which failed to accurately operate the steering and brake system.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand side of the victim requiring treatment for about six months due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. The actual survey report, on-site photographs;

1. E statements;

1. A medical certificate;

1. A comprehensive automobile insurance policyholder, certificate of fact, and traffic accident analysis;

1. Application of Acts and subordinate statutes to investigation report (report accompanied by blood alcohol concentration calculation report and summary order, etc.);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 148-2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of occupational injury resulting from traffic accidents, the choice of imprisonment without prison labor, and the choice of imprisonment);

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Articles 38(1)2 and 38(2), and 50 of the Criminal Act (limited to concurrent crimes prescribed by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than punishment, and punishment as imprisonment) is driving a vehicle while under the influence of the defendant;

A traffic accident causes the victim to suffer severe injury that requires medical treatment for about six months, and the nature of the crime is very poor, and the victim is currently brain function so that it may interfere with normal communication and daily life.

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