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(영문) 대구지방법원 김천지원 2018.01.11 2017고단1347
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BN city car with alcohol content of 0.177% in blood at around 12:20, while under the influence of alcohol, and led the Defendant to drive the BV city car at around the entrance of the GN city 1351 at the Sinsi-si, Sinsi-ri, Sinsi-ri, Sinsi-ri, Sinsi-ri, a road, in front of the entrance of the roof Dogle Park at the entrance

There are roads where signal lights are installed, and there are vehicles standing in the signal atmosphere, so in such a case, the driver has the duty of care to thoroughly stop the driver and to prevent accidents in advance by operating the brake accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding while neglecting it, and the part behind the Defendant’s driving of the victim C(36 S) who was standing in the signal atmosphere in front of the Defendant’s running direction was placed in the front part of the Defendant’s vehicle.

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

2. The Defendant violated the Road Traffic Act (drinking driving) driven a BN model under the influence of alcohol with approximately 700 meters alcohol concentration 0.177% from the front road of the 2nd apartment complex of the Sinsi-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sinsi-si, to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. On-site map, photographs, and survey report on actual conditions;

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

1. Application of Acts and subordinate statutes (C);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence and the selection of imprisonment without prison labor), Article 148-2(2)2 of the Road Traffic Act.

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