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(영문) 대전지방법원 공주지원 2015.07.07 2015고단143
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 1, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court.

【Criminal Facts】

1. Around April 22, 2015, the Defendant violated the Road Traffic Act (driving) driven a B-car under the influence of alcohol level of approximately 0.202% in a section of about 200 meters from the front of a comprehensive terminal located in the new Sinju-si to the front road in the same Dong-dong from the 24:07 Domini-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is engaged in driving a vehicle.

The Defendant, as described in the above paragraph (1) above, driven a motor vehicle under the influence of alcohol, and continued to drive the foregoing scenarios in the direction of the intersection from the general terminal direction to the intersection of the Geumgyeong-gu River.

At the time of night, in such a case, the driver had a duty of care to see the right and the right and the right and the right and the right of the driver, and to operate the steering and the system accurately and safely.

Nevertheless, while under the influence of alcohol, the Defendant, by negligence on the part of the Defendant, went to the left at the front of the vehicle of the Dolst car, who was driven by the victim C(35 years of age) who was under a stop for left-hand turn.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, by negligence in the course of performing the above duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. 교통사고 발생보고서, 교통사고보고⑴⑵(실황조사서)

1. A report on detection of a drinking driver, a report on the status of a drinking driver, and an explanatory note;

1. An accident site photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (per time confirmation of the same kind of power) Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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