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(영문) 대구지방법원 2016.08.11 2016고단2190
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

1. Around 07:00 on February 12, 2016, the Defendant driven B M& car while under influence of alcohol content of about 0.107% from the 10km section of the blood, from the 3 main apartment parking lot located in the Dondong-dong Dondong-dong, to the road located in the Dondong-dong 3 main apartment parking lot in the Don-dong Don-dong to the Donbuk-dong Dondong-dong Dondong-si, the Defendant driven B M& car with alcohol content of about 10km.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Category B car.

Around 07:00 on February 12, 2016, the Defendant driven the said car while under the influence of alcohol, and led the Defendant to drive the road in front of the fluent Eup of the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gu, Gyeongcheon-gun, Gyeongcheon-do, to the fluence of the fluence.

Since the place is where the center line of yellow solid lines is installed, in such cases, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the central line with the driver’s negligence, led the victim C (32 Do) who driven from the tiny c (32) to the luminous racks, with the front part of the right-hand part of the said mast car.

As a result, the Defendant suffered injury to the victim, such as finites and tensions, which require approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

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

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

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant 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 (a point of drinking);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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