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(영문) 대전지방법원 2017.06.16 2017고단1328
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

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BM3 car, and the Defendant, while under the influence of alcohol at around 19:35 on March 25, 2017, driven the said vehicle at the D cafeteria parking lot located in Daejeon U.S. Seosung-gu C while driving the said vehicle with a alcohol concentration of 0.164%.

In such cases, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes, and by accurately manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle without due care, and the part of the front part of the F Trate car driven by the injured party E (39 years old) who was parked in the front side of the vehicle of the injured party while under the influence of alcohol.

After all, the Defendant, by the above occupational negligence, opened a door on the part of the driver’s seat of the said set-line car, and faced with the body part of the said set-line car, suffered injury to the light-line salt in need of approximately two weeks of medical treatment for the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven BM3 automobiles under the influence of alcohol with 0.164% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the appointment of imprisonment without prison labor), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The punishment for concurrent crimes shall be aggravated by the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act [the punishment shall be aggravated by the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and shall be punished by imprisonment (the long-term punishment for the above two crimes].

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