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(영문) 대구지방법원 의성지원 2017.07.20 2017고단112

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

Reasons

Punishment of the crime

1. On April 14, 2017, the Defendant was under the influence of alcohol level of 0.133% among blood transfusions around 16:5 on April 14, 2017, the Defendant driven C Poter cargo at a section of about 100km from the influoral land (hereinafter referred to as the “Influore Young-gun”) to the front roads of the Gyeongbuk-gun, Young-gun, Chungcheongnam-gun.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the above cargo vehicle at the time stipulated in paragraph 1, and led to driving the front road of the Gung-gun to the sloping distance from the breadth of the office of

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the Defendant received a part of the victim D(the age 24) driving Esp motor vehicle driving in front of the left-hand part of the motor vehicle driven by the Defendant, which was going directly to the Chuncheon-side office from the long-ranged section of the left-hand part of the motor vehicle driven by the Defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as multiple scambling, etc., which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Report on the circumstances of drinking alcohol and report on the results of regulating drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 (to the extent that the long-term punishment for each of the above crimes is added up, and to the lower limit.