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(영문) 대전지방법원 천안지원 2016.09.06 2016고단887
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a C low-priced car.

On May 3, 2016, the Defendant driven the said car under the influence of alcohol of 0.084% with a blood alcohol concentration of 0.084% on May 3, 2016, and led to the flow of the three-lane road in the south-gu Seoul Metropolitan City along the south-gu unit of the Yanannam-gu along the two-lane east-do road in the direction of the flow of the Cheongdong-do.

In this case, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle properly abides by the tea line and accurately manipulates the steering direction and brake system by keeping the steering direction and the right and the right and the right and the right of the motor vehicle so that the accident can be prevented.

Nevertheless, the Defendant, while driving under the influence of alcohol, failed to properly observe the vehicle line while neglecting the above duty of care, and due to the negligence of driving from the two lanes to the first lane, the victim D (V, 46 years old) who was driving on the said one lane, led to the impact on the right side of the K3 vehicle by the Defendant’s driving on the upper left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as finite finites in need of treatment for about two weeks due to occupational negligence as above.

2. On May 3, 2016, a criminal suspect of violation of the Road Traffic Act driven a C low-speed motor vehicle at a section of about 4 km from the front of a new apartment at the upstream of Asan City to the south-gu unit in the Yananan City, in a state of under the influence of alcohol of 0.084% of blood alcohol level around 20:40 on May 3, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Written estimate;

1. The actual condition survey report;

1. Inquiry the results of drinking control;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in relation to Criminal Facts, Article 268 of the Criminal Act, and Article 148-2(2) of the Road Traffic Act;

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