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(영문) 대구지방법원 김천지원 2016.12.08 2016고단868

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving a BFD car.

On May 13, 2016, at around 05:50 on May 13, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.075%, and led the front road D in Gumi-si C to a mountain guard from the location of the tax office.

At the same time, there is an intersection, and the preceding vehicle stops in accordance with the signals of the intersection, so that the driver has a duty of care to thoroughly operate the steering service at the front of the intersection, and there was a duty of care to regulate the speed in advance while accurately operating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without being negligent, received the back portion of the F-learning Vehicle for the victim E (the age of 47) driving while stopping for the signal atmosphere.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as the body flag, which requires approximately four weeks of medical treatment, and suffered injury to the victim G (34 years of age) who is the passenger of the flaging passenger car, for approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a BF car under the influence of alcohol with a blood alcohol concentration of 0.075% at the place of the accident at the time and time set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to each traffic accident in E and G;

1. The actual survey report and photographs of each field;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Drinking-driving: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition.