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(영문) 대전지방법원 2014.05.15 2014고단476
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 a person who is engaged in driving a CM3 car.

On December 28, 2013, at around 22:35, the Defendant driven the said car with a blood alcohol concentration of 0.110%, and became left left left at about 40km per hour from the direction of the new and new direction in the direction of the city in the direction of the flow distance.

Since the location is an intersection where signal lights are installed, there was a duty of care to reduce the speed to those engaged in driving service and to safely enter the intersection in accordance with the new code after living well on the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected to do so, and caused the negligence of violating the signal while under the influence of alcohol and the left-hand turn to enter the intersection from the opposite side to the normal signal, and received the part of the front part of the E-city bus from the victim D (the age of 51) who entered the intersection to the normal signal.

Ultimately, the Defendant caused the victim D by such occupational negligence that the victim F (32 years of age) was injured by the victim F, who was on board the set of the above car, due to the injury of the victim G (29 years of age) who was on board the seat following the said car, such as the 10-day medical treatment of approximately 10 weeks of age, and the 4-day medical treatment of the said car, and the victim G (29 years of age) who was on board the seat after the said car was on board the seat, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 18 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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