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(영문) 대구지방법원 서부지원 2016.12.08 2016고단2174

교통사고처리특례법위반등

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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

【Criminal Power】 On April 1, 201, the Defendant was issued a summary order of 2.5 million won by a fine in the same court with the same crime, etc. at the Seo-gu District Court Branch of the Daegu District Court as a crime of violation of the Road Traffic Act. < Amended by Act No. 1500, Jun. 17, 2008>

【Criminal Facts】

1. Around 18:00 on September 2, 2016, the Defendant was under the influence of alcohol by 0.133% of blood alcohol concentration, and the Defendant was driving a DNA-learning car from the area of about 4 km to the Defendant’s residence B and up to C’s way.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving of a DNA-learning passenger car.

On September 2, 2016, at around 19:05, the Defendant was under the influence of alcohol with 0.133% of blood alcohol level. On September 2, 2016, the Defendant driving the said fright car and driving the said c ahead one lane into the wall-side surface from the area of Sung-Eup Eup.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so the person engaged in driving service has a duty of care to thoroughly see the front-round city and to safely drive the car in a safe manner.

Nevertheless, due to the negligence of neglecting this, the part on the left-hand side of the Defendant’s driver’s fladoned car which was driven by the Defendant’s driver’s fladon in the front left-hand side of the Defendant’s driver’s fladon car, which was driven by the Defendant’s driver’s fladon from the wall fladon surface to the Sungju Eup.

After all, the Defendant suffered approximately two weeks of medical treatment from the above victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A report on the occurrence of a traffic accident and a actual survey report;

1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. On-site photographs and medical certificates;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;