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(영문) 대구지방법원 서부지원 2017.02.17 2016고단2356

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2016, the Defendant, while under the influence of alcohol 0.221% during blood transfusion around 06:30 on August 5, 2016, driven B Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do e, which is located in Daegu Seo-gu, and proceeded along the two-lanes in front of the D Do Do Do Do Do dong Do Do Do dong Do Do e-g Do Do e-

In this case, the driver of a motor vehicle has a duty of care to inform the direction change and to prevent accidents in advance by safely changing the lanes while considering the traffic situation before and after the direction.

Nevertheless, when the defendant neglected to pay attention to the change of course due to negligence, the defendant was able to drive the victim E (35 years) with three lanes in the same room. The defendant was followed by the driver's vehicle in front of the left-hand side of the driver's pentum of the driver's vehicle of the victim E (35 years).

Ultimately, the Defendant suffered from the injury of the victim G (34) who was on the so-called “Woon-Woon-Woon-Woon-Woon” due to the above occupational negligence, such as salt, tensions, etc., requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)1 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the degree of alcohol level is high and the victim's ability to drive drinking is high, and the victims after a traffic accident are concealed.