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(영문) 대전지방법원 2018.08.16 2018고단2086
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2018, the Defendant violated the Road Traffic Act (drinking) driven CMF5 car from the front line of view in Daejeon-gu, Daejeon-gu to the front line of view in the influence of alcohol content of 0.134% on blood at around 01:00 to the front line of 205 East-ro.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle as set forth in paragraph 1 above.

At the date specified in paragraph 1 above, the defendant driving the above car while under influence as stated in paragraph 1 above, and driving the front way of the 205-dong of the above paragraph 1 from the four-lane off to the four-lane off of the door-based four-lane off.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to driving the motor vehicle well.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and stopped in front of the course due to negligence, received the back portion of the victim D(43) KS5 taxi driving in front of the direction of the proceeding as the front portion of the said SM5 taxi.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks’ treatment due to such occupational negligence, and injury to the victim FF (22 years) who was on board the said taxi as a passenger, including salt, tension, etc. for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. Each written diagnosis;

1. (1) (2) Traffic accident report (1) and (2), inquiry into the results of crackdown on drinking driving, statement report on the situation of the driver at drinking, investigation report (report on the circumstances of the driver at drinking), and application of Acts and subordinate statutes to the investigation report (report on confirmation

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation and the occupation in the workplace) and Article 148-2(2)2 of the Road Traffic Act concerning criminal facts.

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