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(영문) 대전지방법원 천안지원 2014.06.17 2014고정427
교통사고처리특례법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant,

1. Around 20:06 on December 12, 2013, at Asan City, a person driving a Kazon vehicle while under the influence of alcohol with approximately one meter distance from D preceding roads in C, Asan City, with a blood alcohol concentration of at least 0.106%;

2. The vehicle was parked in the above D at the time and time, and there was a duty of care to ensure that a person engaged in driving of a motor vehicle was able to safely drive the motor vehicle by checking the direction of the vehicle in which he/she would drive the motor vehicle, and by checking whether there was another motor vehicle in a normal way. However, the defendant's vehicle driving duty of care to prevent the accident by safely driving the motor vehicle by checking the direction of the vehicle in which he/she would drive the motor vehicle, he/she shocked the victim F (52 years old) driver's vehicle driving ahead of the motor vehicle in the vehicle back to the back of the defendant's vehicle, and he/she suffered approximately two weeks chills and tensions for the above F and the damaged vehicle, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, a field photograph of accident, a result of the control of drinking driving, a statement on the state of drinking drivers, a report on the investigation (victim F telephone communications), and a diagnosis report;

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes ( mutually violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of Sales: Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the largest sentence of punishment, but selection of fines);

1. From among concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the sum of the maximum amount of the crimes stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but the lowest sentence shall be determined

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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