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(영문) 대구지방법원 김천지원 2016.11.23 2016고단745

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 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 a Bchip car.

On May 30, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.128% around 04:30, while under the influence of alcohol on May 30, 2016, and proceeded along the two-lane road of four-lanes in front of the Seocho-si Hospital located in the Gumi-si Corporation, the Defendant got into the intersection after driving the said car along the two-lanes.

At the time, since it is an intersection where a signal is installed at night, there was a duty of care for those engaged in driving of motor vehicles to live well the right and the right of the front and the right of the motor vehicle, and to drive the motor vehicle safely in accordance with new

Nevertheless, the defendant neglected this and received the back portion of the DNA bargaining car driven by the victim C (hereinafter referred to as 61 years of age) who made a left turn to the left in accordance with the new code due to negligence, even though the defendant was the right-hand turn signal of the vehicle, as well as the right-hand turn of the vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as a rush in which two or more openings need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident, photographs of the scene and the destruction and damage of vehicles, report on the actual condition of a traffic accident, and photographs of the scene of the accident

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act is added;