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(영문) 대구지방법원 김천지원 2016.12.22 2016고단1301
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a B-hand vehicle.

On August 16, 2016, at around 03:35, the Defendant driven the said car under the influence of alcohol level of 0.107% in the influence of blood alcohol level, and led the said car to proceed to the front side of the Dong-dong apartment room from the front side of the Dong-dong apartment.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, keep his/her right and right well and safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence and led the Defendant to go on the front side of the vehicle, thereby moving back the front part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle in front of the vehicle (the age of 28) driving, and due to its shock, the Defendant got the front part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle (the age of 28) driving by the victim E (the age of 28) who is waiting for the signal in front of the vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C in light of the ludial salt that requires approximately two weeks of medical treatment, and the injury to the victim E, such as the ludial salt, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Drinking-driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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