logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.11.13 2015고단483
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

1. On May 11, 2015, at around 10:20, the Defendant driven D-be, while under the influence of alcohol, at approximately 1 km section from the front of the house of the C in Chungcheongnam-gun to the front of the detailed map office in the same Ri, the Defendant driven D-be, under the influence of alcohol, with a blood alcohol concentration of at least 0.175%.

2. The Defendant is a person who is engaged in driving a cargo vehicle as specified in paragraph 1.

On May 11, 2015, at around 10:20, the Defendant driven the above cargo while under the influence of alcohol and proceeded with the first line of the three drawings office in front of the three drawings office, which is represented by an agent between the three drawings in the west-gun, Chungcheongnam-do.

Since there is a place where the center line of yellow-ray is installed, the person engaged in the driving of motor vehicles has a duty of care to safely operate the motor vehicle along the car line by checking the embankment well.

Nevertheless, the Defendant neglected this and received the front part of the Fsch Rexton car driven by the victim E (the age of 51) who is driven by the victim E (the age of 51) from the center line, in front of the above cargo vehicle driven by the Defendant.

As a result, the defendant suffered injury, such as scarke, etc. that need to be treated for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of the scene of the accident, a report on the detection of the driver involved in the drinking, inquiry into the results of crackdown on drinking driving, and a report on the circumstantial statement of

1. Investigation report prepared by the police (Application of the Tramark Official Form);

1. Application of Acts and subordinate statutes to next investigation and diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence, the choice of imprisonment without prison labor);

2. The former part of Article 37 and Article 38 of the Criminal Code among concurrent crimes.

arrow