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(영문) 대전지방법원 2018.10.18 2018고단2392
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

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

On June 21, 2018, the Defendant driven the said car under the influence of alcohol level of 0.131% among blood transfusion around 03:00, while driving the said car, and proceeded with the intersection of the four distance distance from active service in the middle-gu, Daejeon, Daejeon, 1669 at the direction of the five distances from the river.

At the time, there is a duty of care to safely pass through the intersection by thoroughly seeing the front hour and observing the signal, since it is at night and at the same time an intersection in which the signal apparatus is operated.

Nevertheless, the Defendant neglected to do so and received the left-hand part of the front panion of the Dworka Do which was driven by the injured party C (53 Do) who was in a direct progress under the new subparagraph from the right-hand side of the mast in the direction of the mastal by negligence in the red frith under the influence of alcohol as above, and received the front-hand part of the said Astura Don.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above C, such as the 5-day aggregate extractions, and suffered injury to the victim E (34 taxes) who is the passenger of the said rocketing taxi, about six-day medical treatment. In addition, the Defendant suffered large cerebral typ in which no detailed head is opened, which requires approximately six-day medical treatment.

2. On June 21, 2018, the Defendant: (a) driven a B-pubed car in the state of alcohol alcohol concentration of approximately 0.131% at the section of about 2km, from the front of the “string apartment house in the middle-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City)” to the discharge-line intersection of the Republic of Korea located in the same Gu, around 03:00, the Defendant was under the influence of alcohol concentration of about 0.131%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. On-site photographs, etc.;

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

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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