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(영문) 대구지방법원 2016.09.22 2016고단3074
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Poter freight vehicles.

On June 7, 2015, the Defendant driven the Poter cargo vehicle with a alcohol level of 0.052% while under the influence of alcohol around 07:15 on June 7, 2015, and passed ahead of it on the road of the apartment.

In such cases, there was a duty of care to safely drive a person engaged in driving motor vehicles by checking the rear, left, and left well.

Nevertheless, the defendant did not discover the victim C(62)'s rocketing car which was going to the left-hand turn at the front of the apartment at the intersection of the apartment house, and did not discover the victim C(62)'s rocketing car, and received the victim's above part of the cargo vehicle in front of the defendant's driving.

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

2. A person driving a vehicle in violation of the Traffic Act (drinking) on the road, while under the influence of alcohol of 0.052% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Statement report on the situation of a driver in charge of driving and notification of the result 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] is the basic area (from April to one year) of the type of general traffic accident (the injury caused by traffic accidents).

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