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(영문) 대구지방법원 영덕지원 2016.08.31 2016고단135

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment 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 June 2, 2016, the Defendant driving a C Poter under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.063% from a section of approximately 100 meters to the front road of the “Gusan Bath” located in Pyeongtaek-gu, Ulsan-gun, Ulsan-gun, in the same Eup/Myeon.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C Poter freight vehicles.

The Defendant, while under the influence of alcohol as above, driven the above cargo vehicle under the influence of alcohol and became to turn to the left about about 20 km in the speed of Si/Gun/Gu from the protection of the “Gu mountain bathing beach” model to the front of the above “Gu mountain bathing beach.”

At night, in such a case, there was a duty of care to see the front door properly to a person engaged in driving business, and to operate safely by accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and proceeding without properly examining the front section, and the part of the back part of the victim D(79) CA110 V, which was proceeding in the same direction as the Defendant, was driven by the Defendant in front of the cargo vehicle in the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the upper part of the upper part of the body, which requires approximately six weeks of treatment.

Summary of Evidence

Article 148-2(1)1 and Article 44(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 148-2(1)1 and Article 44(2)8 of the Road Traffic Act concerning the criminal facts covered by the law of the defendant's legal statement D, a report on the occurrence of traffic accident in the police statement protocol against D, a report on the actual situation of the accident, a report on the detection of the main driver, a report on the situation of the main driver's driver's driver's identity, the vehicle driver's license ledger, a detailed inquiry, a medical examination,