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(영문) 대전지방법원 공주지원 2015.10.30 2015고단282
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

The defendant is engaged in driving a car B i30.

On August 3, 2015, at around 02:30, the Defendant driven the said car while under the influence of alcohol of 0.136%, and led the Defendant to proceed bypassing the intersection of the new line in the new line, which is in the new line, at the time of Chungcheongnam-gu, Chungcheongnam-do.

It is a place where a crosswalk is installed, so in such cases, there was a duty of care to safely drive a person engaged in driving service by examining whether there is a pedestrian.

Nevertheless, the Defendant neglected it while under the influence of alcohol and neglected it, and went to the right side of the victim C (the age of 21) who walked along the above crosswalk in front of the above intersection from the left side of the direction of the Defendant’s proceeding to the right side, and caused the victim to go beyond the road surface.

Ultimately, the Defendant suffered injury to the victim, such as cutting off flavers to the right upper flaversing, cutting down the right upper flavers to the right upper flavers, cutting down the right upper flavers, cutting down the right upper flavers to the right upper flavers, and cutting down the left upper fla

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and a traffic accident report (i.e., actual investigation report);

1. A medical certificate;

1. Notification of the results of the crackdown on drinking driving, inquiry of the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and details of the crackdown;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1), the proviso to Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;

1. The punishment provided for in the former part of Article 37 and Article 38(1)2 and (2) and Article 50 of the Criminal Act, which increases concurrent crimes, is heavier;

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