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(영문) 대구지방법원 2016.08.18 2016고단2217

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C Poter cargo.

On February 21, 2016, the Defendant driven the above cargo vehicle under the influence of alcohol in front of the oil station located in Yongcheon-si, Chungcheongnamcheon-si, Gyeongcheon-do, while under the influence of alcohol in which it is impossible to identify the alcohol level in the blood from the blood at the front of the oil station in the direction of the city at a speed of about 50 to 60 km per hour depending on the road of the city at a speed of about 50 to 60 km from the surface of the city at the intersection of the west-do.

At the time, there is a place where the center line of the yellow-ray is installed at night, and there is a Gwing vehicle driving the Victim F (25 Do) in the opposite part, so the person engaged in driving service has a duty of care to live well on the right and the right and the right of the front and the right of the front and to proceed in a safe speed and manner.

Nevertheless, the Defendant did not avoid the towing vehicle running along the center line by neglecting it under the influence of alcohol, due to the negligence of driving the center line along the center line, and the said towing vehicle going through the intersection from the north-west IIC room of the opposite opposite road, and received the parts behind the towing vehicle in front of the left side of the cargo vehicle being driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of a medical treatment for about one week due to the above occupational negligence.

2. On February 21, 2016, the Defendant: (a) driven a freight vehicle C while drinking alcohol as stated in the foregoing paragraph (1) at around 21:10, and (b) driven a motor vehicle while drinking; (c) from February 21, 2016 to February 22:1, 2016, the Defendant driven a motor vehicle under the influence of alcohol by drinking alcohol, such as smelling the Defendant from a slope I belonging to the police box of the Gyeonggi-do Police Station: (a) from February 21, 2016 to February 21, 2016 to 22:04.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times the measuring instruments for drinking, three times between 30 minutes.

Nevertheless, the defendant has refused to put the whole in a drinking measuring instrument, and there is a justifiable reason.