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(영문) 대전지방법원 2016.11.09 2016고단2622
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2014, the Defendant issued a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on March 27, 2014, and became final and conclusive on June 13, 2014. On March 31, 2016, the Defendant was suspended from indictment for a violation of the Road Traffic Act at the Daejeon District Prosecutors' Office on March 31, 2016.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a rocketing siren car.

On June 18, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.197% 0.197% around 20:07, and changed the two-lane line into the two-lanes while driving the front road of orchard elementary school of 1359, Seo-gu Daejeon, Seo-gu, Daejeon, along the two-lane direction in the direction of the orchard.

At night, the Defendant changed the lane from the first lane to the second lane, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately operating the brakes and steering gear, and to prevent accidents by accurately operating the brakes and steering gear in the front direction of the driving direction.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the car line as is, and the victim C (the age of 28) who was driving in the two-lane due to the negligence of changing the car line as is, received the side door of the driver's seat of the D car that was driven by the Defendant.

As a result, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim for about two weeks of medical treatment.

2. On June 18, 2016, the Defendant driven B rocketing car with a blood alcohol content of about 0.197% from the 3km section of around 1359, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, to the front road of Kwon Elementary School.

Summary of Evidence

1. The defendant;

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