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(영문) 대전지방법원 2017.07.20 2017고단1968
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 engaged in driving CK5 taxis.

On April 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.057% among blood transfusions on April 20, 2017, and led the two-lanes of the two-lanes in front of the Daejeon Middle-gu D building in the direction of the parallel distance from the direction of the parallel distance.

At the time, since there was a parked vehicle at the front time, there was a duty of care to keep the safety distance from the front vehicle to the person engaged in driving, and to prevent the accident in advance by driving safely by checking well the front side.

Nevertheless, the Defendant neglected to do so and was negligent in driving the vehicle in front of the vehicle driving by the Defendant, and the victim E (62) who stops in the front section of the vehicle driven by the Defendant at the front section of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim E and the victim G (V, 44 years old) who was on board the said taxi due to the above occupational negligence, such as light fat, etc. in need of two weeks of treatment. The Defendant suffered injury to the victim H (V, 64 years old) who was getting out of the said AD car due to approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. A traffic accident report (1) and (2) a actual survey report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Medical certificate (H), medical certificate (E), and medical certificate (G);

1. Photographs of the measurement of alcohol of a person under consideration;

1. Application of statutes on the scene of an accident and photographs of vehicles involved in accident;

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) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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