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(영문) 대구지방법원 포항지원 2017.06.07 2017고단305
교통사고처리특례법위반등
Text

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

The defendant is a person who is engaged in driving a B-Wol E-PPP car.

On February 17, 2017, the Defendant driven the said car under the influence of alcohol level of 0.114% among blood transfusions on February 17, 2017, while driving it at the same time, and proceeding from the parallel parallel to the Bukdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul at the port to the Bukdong-do.

Since the location was the intersection where signal lights and center lines are installed, there was a duty of care to protect the vehicle's vehicle's driver and safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and went to the sub-Dong-dong at the port of Heunghae-Eup, by neglecting the signal and neglecting it, while driving the said road to the sub-Dong-dong, and the front right part of the victim C's car driving in the signal atmosphere was shocked to the right part of the front right part of the passenger car of the Defendant.

As a result, the Defendant suffered, by its occupational negligence, the injury to the above victim, such as the 5-day table of underwater water base, which requires approximately six weeks of medical treatment, and the injury to the victim E, who was boarding the said benz car, such as catum dump and tensions requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. A report on a traffic accident, a survey report on the actual condition, and an accident scene photograph;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Violation of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a heavier punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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