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(영문) 대구지방법원 김천지원 2017.11.16 2017고단1071
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:20 on May 11, 2017, the Defendant driven a CMIN Cooper S Motor Vehicle with approximately 0.084% alcohol concentration from the 500-meter distance front of the old-si Gao-dong roof to the front road of the Gumi-si, Gumi-si.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the above car at the above day and driving the two-lanes of the front road B at the seat of the rooftop.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the brake system, and safely driving the driver's prior to the front, rear and left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front-time city, and the part of the Defendant’s driver’s vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the road in front of the vehicle in front of the road in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle

Ultimately, the Defendant suffered from the injury, such as h (the 21 year old), and h (the 24 year old) of the victim I (the 24 year old) who was on the said victims, E-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn, respectively, due to the occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F, and written statements of D;

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

1. A survey report and photograph of actual condition;

1. Application of Acts and subordinate statutes, such as (F), written diagnosis (D), written diagnosis (H), and written diagnosis (I);

1. Article 3 (1) and the proviso to Article 3 (2) 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, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. The Commercial Concurrent Crimes Act.

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