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(영문) 대구지방법원 영덕지원 2017.01.11 2016고단257
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years 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 who is engaged in driving Cone Stars.

On September 27, 2016, the Defendant driven the above mix with alcohol content of 0.119% while under the influence of alcohol during blood transfusion 0.19%, and led the Defendant to drive the above mar-way 1 lane on the 2nd side of the 0th side of the 0th half of the 2nd side of the 0th half of the 2nd side of the 1st half of the 2nd side.

Since there was a hond road, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and operating a steering gear accurately.

Nevertheless, the Defendant neglected this and was able to set off the vehicle on the side of the opposite lane with the negligence of driving under the influence of alcohol as above, and received the victim D(58) who was working on the side of the opposite lane as the front part of the said van.

Ultimately, the Defendant suffered injury to the victim, such as the upper part of the upper part of the upper part of the upper part of the road, which requires approximately eight weeks of treatment, due to the above occupational negligence.

2. Violation of the Road Traffic Act (Drinking) driving the Cone Star Cor in the state of alcohol alcohol of 0.119% from the 5km section from the front of the restaurant of the Daegu engineer located in the Song-gu Seoul Special Metropolitan City, Chungcheongnam-do, Chungcheongnam-do to the location of the accident described in paragraph 1, at the time and time specified in paragraph 1.

Summary of Evidence

Article 3(1) and proviso of Article 3(2)8 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 (a) of the Road Traffic Act, Article 37 of the former part of Article 37 of the Criminal Act, Article 38(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the Defendant’s Legal Statement Statement by the Police as to D, Report on the Occurrence of Traffic Accidents in the Statement of the State, Report on the Statement of the State Driver’s Driver’s Statement, Report on the Control of Drinking Traffic, Report on Traffic Accidents, Report on the Investigation of the Motor Vehicle (1)-Report on the Investigation of Yellow Inquiry, Next Inquiry, and Report on the Crime applicable to the Register of Driver’s License, Article 38(1)1 of the Criminal Act, which aggravated

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