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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2284
교통사고처리특례법위반등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with B test.

At around 22:10 on July 26, 2019, the Defendant driven the said vehicle at a speed of the speed unspeeded in the direction of the judgment intersection in D direction.

At the time, commercial buildings, housing, etc. were kept at night, and both sides of the road are located, so the defendant engaged in the driving of motor vehicles had a duty of care to check whether there is no pedestrian or not, and to proceed safely.

Nevertheless, the Defendant, while under the influence of alcohol content 0.138%, neglected to perform his duty at the front time, caused the injury of the victim E (ma, 35 years old) who was on the right side of the road on the front part of the foregoing vehicle due to the negligence of neglecting his duty at the front time of the foregoing vehicle, and suffered approximately three weeks of alcohol, tensions, tensions, etc.

2. Around 22:10 on July 26, 2019, the Defendant driven a car in B, under the influence of alcohol content 0.138%, a section of about 3 km from the front of the F Complex in Seocho-gu, Western-gu, Seocheon-gu to the front road of C in the direction of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a site photograph and an accident camera;

1. Copy of the ledger of use of a drink of drinking alcohol, notice of correction completion, notification of the results of the control of drinking driving, and report on the situation of drinking drivers;

1. An accident site photograph 2;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (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;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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