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(영문) 대전지방법원 공주지원 2018.02.13 2017고단462
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

On October 1, 2017, the Defendant driven B K5 car under the influence of alcohol level of 0.195% during blood transfusion around 00:30 on October 1, 2017, and entered the road in the direction of “Dart” parking lot in the official city in the official city C.

At this time, on the right side of the defendant's moving direction, the driver's car of the F Mari-ri-ri-ri, which is driven by the victim E (25 tax), is proceeding in the direction of "Meri-ri-ri" in the direction of "Meri-ri-ri, Ga.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where it is difficult to drive a motor vehicle normally. When entering the road, he/she has a duty of care to accurately operate the steering gear and brake system and drive the motor vehicle safely. However, the defendant did not look at the front side of the alcohol while entering the road at the parking lot, but did not properly look at the front side of the motor vehicle of the victim.

Ultimately, the Defendant suffered from the injury of the victim G (V, 26 years of age) and H (V, 27 years of age) who was accompanied by the victim E and the damaged vehicle due to such occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2) (1) (2), an inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, a statement of the circumstances of a driver driving at home, a report on the investigation (report on the circumstances of a driver driving at home), and a statement

1. Application of each medical certificate and Acts and subordinate statutes governing the scene of accident;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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