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(영문) 대전지방법원 2017.12.21 2017고단4268
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 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 car at a horse in B.

On October 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.109% among blood transfusions on October 1, 2017, and led the Defendant to drive the said car at the speed of about 40km from the middle distance to the middle distance from the intersection of the shooting distance at the intersection of the Yancheon-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter referred to as “the Defendant”).

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on a road by reducing speed and checking the front side well, and to prevent the accident in advance by driving safely.

Nevertheless, due to the negligence of neglecting this, the defendant neglected to stand on the left side of the defendant's driving direction, and received the left side side of the victim C (25 years old) who dried the crosswalk in accordance with the pedestrian signals and the front side of the victim D (25 years old) as the front part of the vehicle and the front part of the glass.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt and tensions, which requires approximately three weeks of treatment, and the injury to the brain bed in which there is no head open room for approximately two weeks of treatment to the victim D, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis;

1. (1) (2) On-site inspection, on-site inspection, on-site inspection of an accident, on-site statement report of the driver at home, on-site inspection report of the driver at home, and on-site inspection of the results of regulating drinking driving; and

1. Article 3 (1), the proviso to Article 3 (2) 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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