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(영문) 대구지방법원 포항지원 2017.03.08 2017고단42
교통사고처리특례법위반(치상)등
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

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B, California.

On November 30, 2016, the Defendant driven the said car under the influence of alcohol content of 0.089% during blood transfusions at a speed of about 20km per hour from the right edge distance to the right edge distance of 98-88, the Defendant driven the said car under the influence of alcohol content of 0.089% at a speed of about 20km per hour from the right edge distance.

At the time, it is night and its location is installed with the center line of yellow solid lines, so a person engaged in driving service has a duty of care to thoroughly see the front-round city and safely drive the car line.

Nevertheless, while under the influence of alcohol, the Defendant neglected to drive a central line with the negligence of driving a motor vehicle, and the victim C's C's Daco driving driven from the right edge to the large free distance from the right edge by using a one-lane road facing the negligence of driving the central line, was also subject to the front part of the sports vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as sugars without any room in two common areas, where approximately two weeks of treatment is open.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said vehicle at a section of about 1 km from the road front of the offland frequency 0.089% of alcohol level in the above day-to-day border and blood, to the road front of the lock-distance in the same Gu, at the port of port, in the shape of alcohol level of 0.089%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The actual investigation report on traffic accidents;

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

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 148-2 of the Road Traffic Act concerning criminal facts.

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