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(영문) 대전지방법원 2017.02.14 2016고단3989
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 the Category B car.

On September 24, 2016, the Defendant driven the said vehicle with alcohol content of 0.079% in alcohol around 06:37, while driving the said vehicle, and driving the two-lanes of the three-lanes on the roads of the Daejeon Seo-gu Seoul Drineral Zone into the discharge from the new air room. On the part of the Defendant’s occupational negligence, when he neglected to perform his duty at the front time under the influence of alcohol, he was driven by the E-Ver or the vehicle of the victim D (48 S) who was waiting in the signal at the front direction of the invasion, and was pushed into the front part of the Defendant’s vehicle, and the Defendant continued to drive the said vehicle at the front end of the said four-lane passenger vehicle with the front end of the said four-lane passenger vehicle (the lower part of the victim’s two-lane passenger signal at the front end of the said three-lane passenger vehicle). The Defendant continued to receive the victim’s four-lane passenger vehicle at the front end of the said three-lane passenger vehicle.

The Defendant, by these occupational negligence, sustained injury to the victim D, such as salt, tensions, and tensions in the areas requiring approximately two weeks of treatment, for the purpose of treating the victim D, and for the purpose of treating the victim G about two weeks of treatment, and for the purpose of treating the victim G as salt and tensions in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, I and G;

1. A survey report on actual condition, a notification of the results of regulating drinking driving, a statement on the situation of a driver of drinking, and an inquiry report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate, etc.);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents:

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