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(영문) 대전지방법원 2018.01.16 2017고단3934
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 who is engaged in driving a car with B mother car.

On September 2, 2017, the Defendant driven the said car under the influence of alcohol content of 0.155% during blood transfusions on September 2, 2017, and led to the two-lane roads in front of the “D” restaurant in Sejong City C, along the face of Daejeon in the front of the measure site.

In such cases, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle, such as making the front door well and accurately operating the steering system, etc.

Nevertheless, when the Defendant is under the influence of alcohol and proceeds from the influence of alcohol, the Defendant was placed on the breast side of the victim E (62) who walked on the side of the road on the right side of the direction of the course of the collision, with the right side of the said car.

Ultimately, the Defendant inflicted an injury on the victim, such as a scarke, which requires approximately six weeks of treatment, due to such occupational negligence.

2. On September 2, 2017, the Defendant: (a) driven a B-owned car under the influence of alcohol content of about 0.155% from the 8km section to the “D” restaurant located in the C-C-C-C-C-Eup at the C-C-C-C-Eup at the C-C-C-C-W-ri city.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of regulating drinking driving, and a medical certificate for injury;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site map, and on-site photographs;

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, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Reduction of a small amount;

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