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(영문) 대전지방법원 2015.04.29 2015고단816
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM car.

On March 3, 2015, the Defendant was under the influence of alcohol of 01:21% and blood alcohol concentration of 0.172%, while driving the said vehicle, and driving the said vehicle along four-lane along the four-lane distance from the four-lane distance to the four-lane from the west-gu, Daejeon, Daejeon. In such a case, the person engaging in driving the vehicle was negligent in performing the duty of care to prevent accidents by accurately operating the front bank and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and interest of the vehicle was accurately operated by the victim D (Seoul, 58 years old) who stops under the new subparagraph on the front side of the vehicle driving by the Defendant and caused the said victim to suffer an injury of about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Traffic accident report (1) (2) and report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, 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 (the occupation of sound driving and the choice of imprisonment);

1. Grounds for sentencing among concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (limited to concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of which shall be imposed by imprisonment with prison labor (within the scope of the sum of the long-term punishments of each of the above crimes): Provided, That the lowest limit shall be determined for the crime of violation of the Road Traffic Act)

1. The sentencing criteria are not set for the crimes of violating the Road Traffic Act.

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