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(영문) 대전지방법원 2016.12.12 2016고단3479
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a B-learning car.

On August 1, 2016, the Defendant driven the said car under the influence of alcohol of 0.214% with a blood alcohol concentration of 0.20% 0.20%, and driven the two-lane road in front of the D Pharmacy in Daejeon-gu Daejeon-gu, along the direction of the south, high-speed oil station distance from the center of the mountain Ne-distance distance, the Defendant proceeded at a speed of about 60km along that of the city.

On the other hand, there is an intersection where signal lights are installed at the front door, so in such a case, the driver was obliged to pay attention to prevent accidents in advance by safely driving the vehicle according to the traffic signal by reducing the speed and keeping the front door well.

Nevertheless, the Defendant neglected this and neglected to stop the front signal, which was driven by the victim E (the 27-year old) in accordance with the new code from the right-hand side of the last day of the collision to the left-hand side of the car driven by the victim E (the 27-year old) in the right-hand side of the Defendant’s car.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of injury by occupational negligence caused by traffic accidents, the choice of

1. Of concurrent crimes, the former part of Article 37, and Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the lower limit of the punishment determined for the violation of the Road Traffic Act in the case of a lower limit of the punishment for the violation of the Road Traffic Act];

1. There are all criminal records of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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