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(영문) 대구지방법원 안동지원 2016.09.23 2016고단457

교통사고처리특례법위반등

Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning passenger cars.

On June 1, 2016, the Defendant driven the above vehicle at around 20:58, and was under the influence of alcohol level of 0.104% during blood, and led the Defendant to proceed bypassing the intersection of D oil stations in front of D oil stations at the permanent residence level C from the inside of the road to the bank intersection at the intersection of the bank.

Since the location is an intersection installed in the front of the road, there was a duty of care to safely drive the driver by accurately operating the steering system, steering system, and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a bypassing a bicycle without being negligent, and received the front wheel part of the victim E (16) who crosses the crosswalk and walked the crosswalk as the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the sleeps and the alleys of both sides, which require approximately six weeks of treatment, due to the foregoing occupational negligence, and driven the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the results of regulating drinking driving, a circumstantial report (whether to drive any danger), a statement of the driver in charge of driving at the scene of a traffic accident, a map of the case at the scene of a traffic accident, a survey on actual condition, a photo at the scene

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the occupation of a sentence and the occupation of a sentence: Driving under Article 3 (1), the proviso to Article 3 (2), Article 3 (8) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the same Act (to the extent that the total of the long-term punishments of two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing guidelines shall be recommended;