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(영문) 대구지방법원 2017.09.14 2017고단3912
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

The defendant is a driver of the BRavi other car.

On July 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.123% during blood transfusion around 06:46, and continued the roads in front of the D Authorized Broker C in the Si of Gyeongsan-si with the pressure-proof level from the front front of the Yong-Nam-gu.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim E(57) driving due to the negligence of neglecting it, and was under the influence of the driver’s license, and then the driver was under the influence of the driver’s license and the driver’s license of the victim E(57) driving.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in 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 Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of the Protection, etc. of Order to Attend, the Defendant caused a traffic accident while under the influence of alcohol content 0.123% during blood and sustained injury to the victim. This is because the degree of taking is significant and there is a risk that may cause serious traffic harm, and the responsibility for the crime is not easy.

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