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(영문) 대전지방법원 천안지원 2014.02.06 2013고단1672
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a rocketing car.

On September 10, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.090% 0.090%, while driving it on September 10, 2013, and driving it in front of a new bank located in the Sungbuk-gu, Seoan-gu, Seoan-gu, Seoan-si with a view to the opposite direction while driving it on the opposite direction from the shooting distance protection of the National Statistical Office.

Since the place was a remote distance where traffic is controlled by signal apparatus, there was a duty of care to prevent accidents due to the fact that a driver was waiting at the driver's vehicle, once waiting at the driver's atmosphere, and the left or right-hand turn at the time of the driver's signal, in such a way that it does not interfere with the passage of other vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting this, and was driven by the victim C(24 years of age) who was under the direct line in the opposite lane due to the negligence in the two direction straight line, and was driven by the victim C(24 years of age) in the front part of the HUB110 Oba, which was driven by the victim C(24 years of age).

Due to its shock, the defendant suffered injury to the victim, such as blood transfusion, which requires about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E written statements and F statements;

1. The actual condition survey report and photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a copy of diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (21) 31, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of a sound driving);

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor or imprisonment with prison labor for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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