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(영문) 대전지방법원 2018.04.12 2018고단319
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2017, the Defendant driven a B vehicle under the influence of alcohol content of 0.133% among blood transfusions on December 23, 2017, and entered the roads adjacent to D located in Daejeon East-gu, Daejeon-gu, into the main road.

At the same time, there are two-way side roads and main roads, so a person engaged in the driving of a motor vehicle has a duty of care to safely enter the main road after checking whether there is a vehicle driving the main road by temporarily stopping the main road.

Nevertheless, when the Defendant neglected to enter a main road while under the influence of alcohol and due to negligence of entering the main road, the Defendant received a part of the front right-hand side part of the FOtoba driving on the left-hand side of the Defendant’s vehicle E (41 ) from the victim E (41 ).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment. In addition, the Defendant suffered injury to the right pelle executives who need to be treated on the right.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to survey reports, photographs, and medical certificates on actual condition;

1. Relevant legal provisions and the choice of punishment for the crime - Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Bodily Injury caused on duty and duty) - Articles 148-2(2)2 and 44(1) of the Road Traffic Act - Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service or attend lectures: Confession, reflectivity, and patients with new terminal certificates at the end;

In this regard, there is no criminal punishment of fines exceeding the past 15 years, comprehensive insurance is subscribed, unfavorable circumstances: the risk of drinking alcohol driving and the risk of traffic accidents caused by it.

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