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(영문) 대구지방법원 2017.10.12 2017고단2694

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

On March 2, 2017, the Defendant driven the said car under the influence of alcohol content of 0.118% during blood transfusions on March 2, 2017, and proceeded at a speed of about 40 kilometers per hour at a speed of about 40 kilometers per hour, depending on one lane towards the lurg comprehensive road, located in the principle of mooring in the flue-ro, Pacific-gun, Pacific-gun, Pacific-gun.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent a collision with a vehicle driving the opposite line in advance by properly examining the left and right of the front side.

Nevertheless, the Defendant, while driving under the influence of alcohol while neglecting this, was able to complete the full part of the victim C(38 years old) driving with the driver's 1 ton of the cargo vehicle in the front part of the said car when he was negligent in the course of driving with the central line and driving with the center line.

As a result, the Defendant suffered injury, such as the cutting of a ductal aggregate on the left-hand side, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the reports on traffic accidents, reports on the circumstances of drivers of alcoholic beverages, and inquiries about the results of crackdown on drinking driving;

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2, and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of occupational and dental duties, and the choice of imprisonment without prison labor);

1. The aggravated punishment for concurrent crimes shall be aggravated by the punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment shall be aggravated by the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment], and shall be punished by imprisonment with prison labor (the minimum punishment shall be determined by the punishment that is set forth in the crime concerning the violation of Road Traffic Act, within the scope of the aforesaid two crimes];