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(영문) 대구지방법원 김천지원 2016.11.24 2016고단856
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving BM3 cars.

On April 14, 2016, the Defendant driven the said vehicle at a speed of 0.142% with a blood alcohol concentration of 00:40%, and driven the said vehicle at a speed of about 40 km per hour from the direction of the water side to the speed of about 40 km in front of the half-month distance in front of the speed of the Gu-U.S. and driving the vehicle at a speed of 0.142%.

At the same time, there is an intersection, and the preceding vehicle stops in accordance with the signals of the intersection, so that the driver has a duty of care to thoroughly operate the steering service at the front of the intersection, and there was a duty of care to regulate the speed in advance while accurately operating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the Defendant, received the Do-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho (33 years old) driving of the victim C (33 years old) under

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. Violation of the Road Traffic Act (MM3 driver’s license) was driven by the Defendant from the front of a restaurant of the host city in the Gu-U.S. Sin-si at the time and time set forth in the preceding paragraph to the place of the accident at approximately 1.5 km of blood alcohol concentration of about 0.142% in the section of approximately 1.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. The actual survey report and on-site photographs;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without

(b) Drinking: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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