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(영문) 대전지방법원 천안지원 2016.07.21 2016고단772
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. Around 19:35 on April 201, 201, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said car with alcohol content of 0.066% in the front parking lot of the wall 101-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At the time, there was a victim D(37 tax) on the news report on the part of the defendant at the time, so there was a duty of care to see the right and the right of the driver of the vehicle and properly manipulate the steering system and the steering system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant received a bridge on the left-hand side of the victim's vehicle in front of the said vehicle due to negligence in taking a speed system in order to take a brake system.

As a result, the Defendant suffered injury by the victim due to the above occupational negligence, such as the closure of the upper upper frame in need of approximately 10 weeks of treatment.

2. Defendant 1 driven the said vehicle at a section of approximately 800 meters from the apartment giring, south-gu, Chungcheongnam-gu, Chungcheongnam-gu, under the influence of alcohol content of 0.066% during the day-to-day alcohol during the above 1. paragraph, to the place like the above 1. Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. A medical certificate;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing a traffic accident, the choice of imprisonment without prison labor), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning a crime (the occupation of drinking alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act:

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