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(영문) 대구지방법원 의성지원 2017.05.11 2017고단69

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six 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

1. On February 26, 2017, the Defendant driven a motor vehicle with D low alcohol level of 0.060% in the 2km section from the 3rd Do-dong of Seongbuk-gun, Seongbuk-do to the roads in front of the Do-dong of Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, to the roads in front of the Gyeongbuk-gun, Seongbuk-gun, the Defendant driven a motor vehicle under the influence of alcohol level of 0.060% in alcohol level.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the said car at the time set forth in paragraph 1, and driving the said car, leading the road in front of the Gyeong-gun in the Gyeong-gun of Seongbuk to the public announcement of gender on the surface of the opposite market.

Since the place is not supported by traffic control, there was a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily suspending the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was negligent in driving by the Defendant, received the front part of the victim F. G K5 si in the driving of the victim F.F. (62 o) that was going to the scar in the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim F, such as salt of cryp for about two weeks in need of medical treatment, and the injury to the victim H(32 tax) of the said taxi cryp for about four weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a medical certificate (I) and a medical certificate (J hospital);

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the selection of imprisonment without prison labor), Article 148-2 subparag. 3 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents).