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(영문) 대전지방법원 2017.01.20 2016고단3557
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 driver of a low-priced car.

On October 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.174% in blood at around 21:05, and continued to drive the said car along the two-lanes between four-lanes in the direction of Samsung Ne-distance from the direction of Samsung Ne-distance on the side of the Daejeon East-gu Ne-ro.

In such cases, the defendant has a duty of care to accurately operate steering devices, brakes, etc., and to verify and drive the career safety by properly examining the front and the left and right of the defendant.

Nevertheless, the Defendant neglected this and neglected to stop into the signal atmosphere on the same lane in the same direction as the previous one, and caused the lower part of the Do-low-income vehicle driving D (T, South 57 years old) to the front part of the Defendant’s car.

The Defendant suffered, by these occupational negligence, the injury to the said victim C and the victim E (the remaining, 58 years old) who is his her son, such as salt, tension, etc., for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the report on detection of the primary driver;

1. Application of each statute to each written diagnosis;

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

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes in Violation of the Special Cases concerning the Settlement of Traffic Accidents and Impositions of Punishment on Crimes in Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against C with heavier criminal standing);

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 38 (2) and Article 50 (Bodily Injury resulting from Violation of Special Act on the Settlement of Traffic Accidents) of the Criminal Act for which concurrent crimes are aggravated.

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