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(영문) 대구지방법원 김천지원 2017.02.22 2016고단1533
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving in B 125cc meta.

On August 6, 2016, the Defendant driven the above off-to-land area around 22:00, and proceeded with the above road as the roof bridge of the Gupo-si, Gupo-dong.

At the time, there was a place where pedestrian traffic was installed at night, so in such a case, there was a duty of care to prevent accidents in advance by safely proceeding along the lane without operating a sidewalk to a person engaged in driving Ototoba.

Nevertheless, the Defendant neglected to do so, while driving a sidewalk that is not a lane with 0.065% alcohol concentration in blood, and received the right bridge of the victim C (16 tax) who was walking on the sidewalk from the direction of the Marina to the right side of the sidewalk from the direction of the Marina.

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

2. On August 6, 2016, the Defendant driven the breab in the state of alcohol alcohol with approximately 0.065% alcohol concentration in a section of approximately 300 meters from the 300-meter distance from the flusium in Gumipo-si, Gumi-si to the same roof bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, and related photographs;

1. Application of Acts and subordinate statutes, such as a circumstantial report on drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) 8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of penalty;

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