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(영문) 대전지방법원 2016.01.13 2015고단3671
교통사고처리특례법위반등
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

On August 21, 2007, the Defendant issued a summary order of a fine of two million won for a crime of violating road traffic law at the Daejeon District Court on August 21, 2007 and had the same career of punishment twice in total.

The defendant is a person who is engaged in the operation of Csch Rexton car.

On September 28, 2015, the Defendant driven the said car under the influence of alcohol content of 0.145% during blood transfusion at around 01:05, and driven the car to a scar high school on the side of the street, depending on the road in front of the E cafeteria located in Daejeon Pung-gu, Daejeon.

At the time, she is she at the night, and the center line of yellow is installed at the center line. Thus, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle along the train line and prevent the accident by accurately operating the steering and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the Defendant’s front portion of the Victim F (F.5 years old), which was driven along the lane in the direction of the vehicle due to the negligence of driving the central line while driving the motor vehicle. The front portion of the Defendant’s G bargaining car was driven by the Defendant’s U.S. driver’s U.S. car.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim F of the above victim’s pleke and the injury of the plelle that requires approximately four weeks of treatment, and the injury to the victim H (59 years of age) who is the passenger of the above fright passenger car, about three weeks of treatment, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with F and H;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on the detection of a primary driver and circumstances thereof;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the identity of such previous record);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.

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