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(영문) 대구지방법원 김천지원 2016.09.21 2016고단664
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 wing and cargo vehicle B.

1. On April 17, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) around 01:15, the Defendant driven a truck with alcohol content of 0.130% in the blood on the front of a new bank located in the Gu-U.S. In front of the Gu-U.S.-U.S.-U.K., and (b) led the said truck to the 4 public corporation away from the eth

In such cases, drivers engaged in driving service have the duty of care to pay attention to the progress of other vehicles in the permitted place for internships and to pay attention safely.

Nevertheless, under the influence of alcohol, the Defendant was unable to perform so, and the Defendant got the front side of the Victim C(38) driving, which was proceeding from the 4th 4th eth eth eth f.g., the two-lanes of the five eth math eth eth f.g., the two-lanes of the five eth son eth eth eth son

As a result, the Defendant suffered a variety of diversity typology, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B-wing freight vehicles with alcohol content of 0.130% in blood at the place of the accident at the time of the day specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the occurrence of a traffic accident, a traffic accident actual condition investigation report, and on-site photographs;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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