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(영문) 대구지방법원 포항지원 2017.02.02 2016고단1608
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[2016 Highest 1608] On November 18, 2016, the Defendant driving a wing and freight vehicle with alcohol level of 0.150% under the influence of a mandatory insurance policy on November 18, 2016, and driving a wing and freight vehicle with two-lanes in front of D real estate in C at port at port along two-lanes along the long distance from the bottom of C.

At this point, there was another vehicle in the signal waiting at the front, so there was a duty of care to drive the vehicle with the driver's duty of care to live well on the front.

In such a situation, the Defendant, while neglecting this, was driving a victim E (49 years old) who is waiting for a signal in the front bank by negligence while driving without living well the front bank while under the influence of alcohol.

F Launay straws received the part behind the cargo vehicle in front of the cargo vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence, such as a scopical salt and tension that requires approximately two weeks of treatment.

[3] On August 1, 2013, the Defendant was charged with a summary order of KRW 1,50,000,000 for a violation of the Road Traffic Act (drinking) at the port branch of the Daegu District Court (Tgu District Court) on August 1, 2013. On December 16, 2016, the Defendant was charged with non-detained for the same offense in the same court.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on December 21, 2016, the Defendant driven G SM 3 car in a state of alcohol alcohol leveling to approximately 0.086% of alcohol leveling to approximately 500 meters in front of the 87-dong oil station located in the south-gu, Mancheon-gu, Seoul at the port of port around 20:30 on December 21, 2016.

Summary of Evidence

[2016 Highest 1608]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A traffic accident investigation report and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol, and a written diagnosis of mandatory insurance (2017 order 3);

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions: To inquire into criminal records, etc.;

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