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(영문) 대전지방법원 천안지원 2017.04.20 2016고단2694
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving of a motor vehicle with sod motor vehicle B.

On November 2, 2016, the Defendant, while under the influence of alcohol level of 0.067% from the blood alcohol level around 02:43, the Defendant proceeded at an insular speed at the same fluence of the front portion of D, which is located in Asan City C in the same Si of Sinsan, on the surface of the hlue, at an insular speed.

At the same time, there was a duty of care to see the front door to a person engaged in the driving of a motor vehicle by standing on a road without street lamps, and to operate the brake and steering gear accurately and safely.

Nevertheless, while the Defendant neglected to do so, the Defendant was faced with the front part of the Defendant’s vehicle, such as the victim E(83) who towed and walked the hand on the above road.

Defendant 1 caused injury to the victim due to the above occupational negligence, such as the so-called "fashion of the left-hand body" in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. An accident scene photograph;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence), Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the point of driving alcohol);

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the General Traffic Accidents Act (in the case of a traffic accident) No. 1 (in the case of a traffic accident), the basic area (in the case of a special mitigation (in the case of a special mitigation) [including a serious effort to recover damage] / driving under drinking, etc. (in the case of a sentence of a sentence), unfavorable circumstances:

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