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(영문) 대구지방법원 2017.11.16 2017고단4943

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 a period of 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 service of a vehicle B in the amount of driver car.

On August 2, 2017, the Defendant, while under the influence of alcohol content of 0.153% during blood transfusions, had the roads front of the D points located in Daegu Dong-gu C progress from the side of the Pakistan Hospital to the four-distance radius of the public announcement in Daegu.

In such cases, the driver has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the duty at the front of the Defendant’s vehicle while driving the FK5 vehicle for the victim E (53) driving while driving the vehicle at the front of the Defendant’s vehicle due to negligence, led to the lower part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such negligence.

2. On the date and time set forth in paragraph 1, the Defendant driving a B B car in the state of alcohol alcohol concentration of approximately 0.153% at a section of approximately 200 meters from the D department located in C from the front of the Daegu East-dong Peace Market to the front of the D department located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be the general traffic accident.