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(영문) 대전지방법원 2019.07.11 2019고단1742
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 B-Wood vehicle.

On January 20, 2019, the Defendant driven the said car with a blood alcohol level of 0.154% 0.154% around 04:03, while driving the said car, and led to the roads in front of the subsidies dam security room of the Daedong-gu Daejeon Metropolitan City, Daejeon, to the direction of the Grand Dam in the direction of the new direction.

At the time, night and snow was milched, so in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely, such as a safe operation of the front door and the left door and the left door, and a correct operation of the brakes and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the road bordering on the right side of the road in the direction of the operation.

Ultimately, the Defendant suffered from the injury of the victim C (V, No. 23) who was on board the said car due to occupational negligence, such as “the boness of the bones (No. 7 on the left side)” in need of approximately five weeks of treatment, and the injury of the victim D (the age of 24) in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. A traffic accident report (1), (2);

1. An accident site photograph;

1. Each written diagnosis;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences (the crimes of bodily injury) (the crimes of violation of the Act on Special Cases concerning the Handling of Traffic Accidents);

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment;

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