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(영문) 대전지방법원 서산지원 2014.10.17 2014고단663
교통사고처리특례법위반등
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On June 8, 2014, at around 13:25, the Defendant driven the above cargo while under the influence of alcohol with 0.138% of alcohol content, and led the Defendant to turn to the left at the seat of the office of Eup/Myeon from the old terminal.

In this case, the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the steering right and the steering system of the vehicle and by accurately manipulating the steering system.

Nevertheless, under the influence of alcohol, the Defendant received the victim D (the age of 79) who dried a road from the right-hand side of the above cargo vehicle that he driven by the Defendant due to the negligence of neglecting it, from the right-hand side of the above cargo vehicle to the left-hand side, and had it go beyond the floor.

As a result, the Defendant suffered from the above occupational negligence that caused the victim to be in charge of the management of the right subject to approximately eight weeks of treatment.

2. On the date and time set forth in paragraph (1), the Defendant driven the freight specified in paragraph (1) at a section of about 300 meters from a 300-meter radius from the west-gun, Taean-gun, Taean-gun, Taean-gun, to the distance from the ethic ethic ethic ethic 0.138% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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

1. A medical certificate;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 3(1) and the proviso of 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(2)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act concerning criminal facts.

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