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(영문) 대전지방법원 2015.01.15 2014고단2905
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On July 17, 2014, the Defendant driven the said car with a blood alcohol content of 0.082% 0.082%, while under the influence of alcohol around 04:30 on July 17, 2014, and driven the two-lanes of the Honam Highway, which is located in the Seongbuk-gu Free Zone of Daejeon Metropolitan City, along the one-lane of the two-lane expressway located in the Seonam-gu, Daejeon Metropolitan City.

At the time, since it is an expressway at the speed of a vehicle driving on the road, the driver of the vehicle has a duty of care to prevent the accident by avoiding the accident and safely driving the vehicle driving on the expressway, while observing the speed limit for the driver of the vehicle.

Nevertheless, the Defendant, while neglecting this in the state of alcohol and driving in two-lanes to the right side of the moving direction due to the negligence of the Defendant’s failure in driving, received the back part of the victim D(the age of 45) driving efranxG car from the front part of the Defendant’s driving, and caused the said franchise XG car to have the end of the road due to its shock.

Ultimately, the Defendant suffered from an injury to the above victim due to the above occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the D statement;

1. A copy of a medical certificate;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to an investigation report (the confirmation of details of treatment, etc. against victims D);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and imprisonment with prison labor;

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