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(영문) 대구지방법원 서부지원 2016.06.16 2016고단763
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. On February 16, 2016, the Defendant was under the influence of alcohol leveling 0.176% from blood alcohol level around 16:20 on February 16, 2016, the Defendant driven Bwork-free cars at the section of approximately 1km from the street in front of the elderly police station in front of the elderly police station in front of the same Eup and in front of the same Eup and Myeon.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Brocketing cargo vehicles.

On February 26, 2016, the Defendant, as indicated in paragraph (1) around 16:20 around 16:20, was under the influence of alcohol level of 0.176% in blood, and the Defendant was driving the said cargo at the front of the elderly police station in front of the elderly police station, which is located in the field of Eup/Myeon, in consideration of the cost of the elderly north-do, in return for the payment of the said cargo at the cost of the elderly.

In such cases, a person engaged in driving service has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and proceeded before the Defendant’s cargo vehicle, and the part of the Defendant’s back criminal part of the victim C(T, South, 58 years old) driving, which was proceeding before the Defendant’s cargo vehicle, was also the back criminal part of the Defendant’s passenger vehicle.

As a result, the Defendant suffered a tension and tension with the Defendant, which requires approximately two weeks of treatment by occupational negligence, to the victim.

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 and a report on actual condition investigation;

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. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking, imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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