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(영문) 대구지방법원 포항지원 2017.01.19 2016고단1530
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 28, 2016, the Defendant, while under the influence of alcohol at around 0.10% among blood transfusions on October 21, 2016, driven a B campus car in the section of about 1km from the roads near the flow-distance in the south-gu east-gu east-do, in the direction of alcohol leveling 0.10%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car while under the influence of alcohol as above at the date set forth in paragraph 1, and driven a two-lane road near the remote distance in the south-gu Sea-dong and East-dong at the port at the port of the port at a speed of about 40km per hour from the north-gu bus stop at the speed of about 40km along that port.

At the time, it was night and its location was a private-distance intersection where signal lights are installed, so there was a duty of care to safely proceed with the driver by reducing the speed and checking well the right and the right of the front and the right of the road.

However, even though the Defendant was negligent in drinking and the signal was changed to a vehicle stop signal, the Defendant received the part of the top sentence of D personal taxi driving by the victim C, who was normally driven from the side of the market to the male in mountain, due to the vehicle driving signals, from the left side of the car driven by the Defendant, even though he was negligent in driving.

As a result, the Defendant suffered from the victim C by negligence in the above occupational negligence about two weeks clocks, tensions, etc., and the victim E, who is the passenger of the damaged vehicle, about two weeks clocks and tensions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the actual condition of a traffic accident (Attachment of photographs);

1. Each written diagnosis;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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