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(영문) 대전지방법원 2017.10.13 2017고단2891
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 31, 2017, the Defendant, while driving the said vehicle under the influence of alcohol of 0.150 percent of alcohol during blood at around 01:50 percent and driving the said vehicle at the center located on the front side of the Daejeon medium-gu Daejeon, left the right-hand turn to the right-hand turn in the direction of the flow-distance.

At the time, since it is at night, and there is an intersection where a signal is installed, the driver has a duty of care to safely drive according to the signals by reducing speed and checking well the right and the right and the right.

Nevertheless, under the influence of alcohol, the Defendant neglected the vehicle driving signal while disregarding it and making a left-hand turn by negligence, and received the front part of the driver’s seat of the EFD driving car, which is driven by the victim D(19 tax) of the victim D (19 tax) who driven by green signals from the four-distance direction toward the left-hand distance.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties with a scarcity that requires approximately four weeks of treatment.

2. The Defendant, at the time and place specified in the above paragraph 1, driven C rocketing car under the influence of alcohol content of 0.150% in blood at the time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a primary driver;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.

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