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(영문) 대구지방법원 김천지원 2016.12.07 2016고단1258
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person engaging in driving a benz car.

On June 11, 2016, at around 05:00, the Defendant driven the said car while under the influence of alcohol with 0.165% of alcohol concentration 0.165%, and was driving the two-lanes in front of the Han new apartment after the Han apartment, which is in the air route of the Gu and Sinsi-si, along the two-lanes from the airside of the citizen playground to the waterside of the Geumsan-si.

At the same time, the D Launa car driven by the victim C(40 years old) was stopped and stopped at a speed according to the vehicle stop signal, so there was a duty of care for the driver of the vehicle to live the front door well, and to operate the steering gear and brake system accurately.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding while under the influence of alcohol, and received the part behind the above rocketing passenger car, which was the front part of the said Benz passenger car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of treatment, injury to the victim E (the 31 years old), who is a passenger of the said rocketing passenger car, such as shot dump, tensions, etc. in need of approximately two weeks of treatment, injury to the victim F (the 47 years old), and injury to the two parts, such as cump dump, etc. in need of approximately three weeks of treatment, and injury to the victim G (the 36 years old), including cump dump, etc. in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. On-site photographs;

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

1. Article 3 (1), the proviso to Article 3 (2) 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 Concurrent Crimes;

1. Selection of penalty;

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