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(영문) 대구지방법원 2016.05.19 2016고단1121

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 11, 2016, the Defendant: (a) driven a Cti-gu vehicle under the influence of alcohol leveling 0.231% of alcohol level while under the influence of alcohol leveling 0.231% from the 3rd distance adjacent to a swimming pool apartment in Daegu hydro-gu, a light-based fishery around 61 on February 11, 2016.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car in the CT Gu.

On February 11, 2016, the Defendant driven the said car at a three-lane adjacent to a swimming pool apartment located in Daegu Suwon-gu on February 2015, 2016, from the 61st three-lanes, and driven the said car at a speed of about 5 km per hour depending on the two-lanes of the two-lanes of the KBS broadcasting station from the surface of the sports line.

At that time, there was a crosswalk that does not have a signal signal on the rear side of the vehicle, so the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant did not avoid the victim D (13) who crosses the above crosswalk from the right side to the left side, due to the negligence of neglecting it while under the influence of alcohol as stated in the above paragraph (1). The defendant did not avoid the victim D (13) who crosses the above crosswalk from the right side, and received the part of the victim's left-hand bridge with the part following the car driven by the defendant.

Ultimately, the defendant suffered approximately two weeks of retirement from the left-hand side of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking and the application of Acts and subordinate statutes of a survey report;

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)1, 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1), the proviso to Article 3(2), Article 3(6) and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.