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(영문) 대구지방법원 김천지원 2016.04.20 2015고단1593

교통사고처리특례법위반등

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

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On November 13, 2015, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of 0.125% among blood transfusions on November 13, 2015, and operated the three-lane 3 lane in front of the D department c in Kimcheon-si, along the chilling bank from the intersection of the intersection, straightly along the three-lane.

Since there is a cross-section where signal lights are installed, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely according to good faith.

Nevertheless, under the influence of alcohol, the Defendant received the front portion of the FF non-fluto car driven by the victim E, who was to turn to the left from the fluto the fluto of the fluto in accordance with the new code by negligence in contravention of the signal while neglecting it, and was driven by the Defendant as the front portion of the above cargo vehicle by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim, including three cage cages, which require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident occurrence report;

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), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the following circumstances and the age, sex, environment of the accused.