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(영문) 대전지방법원 천안지원 2015.03.20 2015고단40
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B AEp car.

On October 4, 2014, at around 02:55, the Defendant driven the above vehicle while under the influence of alcohol of 0.097% of alcohol level, and proceeded at the speed of 60km per hour at the speed of 10km from the surface of the apartment bank located in the limit of 37-lane, Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, the 8-do Do, Seoan-do 37-do Do.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected to do so, while crossing the road from the right side of the proceeding to the left side of the road, the victim C (56 years of age) who crossed the road from the right side of the vehicle driving to the right side of the defendant.

As a result, the Defendant suffered injury, such as the cutting of a flasium, which requires about 10 weeks of medical treatment from the victim due to the above occupational negligence.

2. Around 02:55 on October 4, 2014, the Defendant driven a vehicle with blood alcohol concentration of about 0.097 percent from the 1km section from the roads adjacent to the Jeju 6m apartment complex, which is located in the Sung-dong, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-do to the roads adjacent to the same Dogwon-37.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the report on traffic accident, actual condition investigation report and traffic accident report, respectively;

1. Entry of an entry report on the start-up of a driver, and a statement on the start-up of a driver;

1. Statement of investigation report (investigation into telephone conversations between the victim and his/her other party);

1. Each description of the medical certificate and medical opinion;

1. Application of the video Acts and subordinate statutes of field photographs;

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