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(영문) 대구지방법원 안동지원 2018.07.17 2017고단770
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning passenger cars.

On October 15, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.121% in the blood alcohol level from 22:05 on October 15, 2017, and proceeded to the intersection of the long-distance distance of 926, Andong-si, Adong-dong-dong, with the modern apartment protection in the face of the interest of the law.

Since the vehicle was parked due to the vehicle stop signal at the front at the time, the driver had a duty of care to safely operate the steering system and steering system by accurately operating the steering system and steering system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting to stop at the same lane as it was driven by C while driving at the same vehicle ahead of the same lane, was placed in the front part of the said rocketing vehicle. Accordingly, the Defendant was in the front part of the said rocketing vehicle while the said rocketing vehicle was pushed in the front part of the said rocketing vehicle.

E had the part behind the Fbeer's cruise car driven by E undergo the front part of the Fbeer's car.

Ultimately, the Defendant suffered from the victim G (e.g., 51 years of age) who was accompanied by the said rocketing vehicle due to the foregoing occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident, inspection report on actual condition, inquiry of the results of crackdown on drinking driving, statement of the circumstances of the driver at driving, and application of each Act and subordinate statutes to report on investigation;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act 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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act.

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