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(영문) 대구지방법원 포항지원 2017.08.17 2017고단577

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On April 17, 2017, the Defendant driven a BN model under the influence of alcohol content of about 0.201% from the 5km section to the front road of the entrance of the port located in the same Eup/Myeon from the Dolle in the BN model, which was driven by the Defendant, at around 12:21 on April 17, 201, in a manner under the influence of alcohol content of at least 0.201% from the 5km section before the entrance of the port located in the same Eup/Myeon.

2. The Defendant is a person who is engaged in driving service of a car at the No. B.D. in violation of the Special Act on the Settlement of Traffic Accidents.

On April 17, 2017, the Defendant driven the said car under the influence of alcohol, as set forth in Paragraph 1 of the same Article, and driven the two-lane road in front of the entrance of the Port of the Republic of Korea located in the north-gu, 986 at the port, along with the two-lanes towards Tol in the direction of the Highway, as at the port of the port of the port of the Republic of Korea.

At that time, the Defendant was behind the victim C(69) driving in the same direction, and thus, the Defendant had a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle well to live in the same situation of the motor vehicle, securing safety distance, and driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a stroke while neglecting it, and was negligent in driving a stroke while driving the stroke. The Defendant followed the above QM5 passenger car by driving the stroke in front of the stroke.

Ultimately, the Defendant suffered from the injury of the victim E (the 63 years old) and the victim F (the 40 years old) on board the victim C and QM5 car due to the above occupational negligence, such as the catum catum, tension, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

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

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty) and the Road Traffic Act concerning criminal facts.