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(영문) 대구지방법원 2016.10.13 2016고단3224

교통사고처리특례법위반(치상)등

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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a Bran TG car;

On June 29, 2016, the Defendant driven the said car at a speed of about 30 to 40 km from the lurgal intersection to the lurgist, as the speed of 0.171% in blood alcohol level, while under the influence of around 03:30 on June 29, 2016, the Defendant driven the said car at a speed of about 30 to 40 km.

In front of this, since the victim C(the age of 26) was a stop according to the stop signal, there was a duty of care for the driver of the vehicle to see the front door well and to operate the brake system accurately.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol as above and found it late after the victim C's above benz car, operated the operation of the operation system, but did not avoid it, and received the victim's back part of the benz car in front of the Defendant's benz car.

Ultimately, the Defendant suffered injury to the victim C and the victim E (25 years of age), F (24 years of age), and G (24 years of age) by occupational negligence as above, for about three weeks of medical treatment. In addition, the Defendant suffered injury to the victim C and the victim E (25 years of age), F (24 years of age), and tension.

2. The Defendant, at the time and place specified in paragraph 1 of this Article, driven B-TG automobiles while under the influence of alcohol at 0.171% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A report on investigation (a statement by a police officer dispatched to the scene);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 (2) (proviso) 8 of the same Act concerning facts constituting an offense;