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(영문) 대전지방법원 2019.10.22 2019고단3525
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On September 7, 2019, at around 03:30 on September 7, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.154%, and led the said car to the intersection of the front distance in front of the Daejeon Seo-gu Daejeon to the Furth from the outside of the outdoor parking lot.

At night, the above place is an intersection where signal, etc. is installed. In such cases, a person engaged in driving of a motor vehicle has a duty of care to perform duties by checking the front left left well while under the influence of alcohol.

Nevertheless, the Defendant neglected this and neglected it, and caused the negligence of the negligence of the fact that the signals in the direction of the Defendant’s proceeding in the intersection are red signal, and the left side of the road in the direction of the Defendant’s proceeding to the left side of the two-lanes of the Victim G (Nam, 26 years old) driving in the two-lanes of the two-lane in the intersection under the new line, the left side of the HWz car in the front part of the Defendant’s driving car.

After all, the Defendant suffered from the injury of the victim G and the victim I (the victim I (the 18th, the 16th, the 16th) and the victim J (the 16th, the 16th) by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

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

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and the crime of violation of the Road Traffic Act, each choice shall be made;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and 2 of the Criminal Act shall be applicable to concurrent crimes;

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