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(영문) 대구지방법원 김천지원 2017.04.28 2017고단176
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On January 26, 2017, the Defendant driven the said car under the influence of alcohol content 0.126% among blood transfusions on 15:40%. On January 26, 2017, the Defendant driven the said car with the alcohol content of 0.126%, one lane of the four-lane-type 401 East-ro Do-ro 401 East-ro Do-ro Do-ro Do-ro Do-ro 401.

At the time of the defendant's front-time, the victim C(56) car driven by the victim C(56) was a stop in the signal waiting, so the driver of the vehicle has a duty of care to see the front door well, reduce the speed, and drive safely.

Nevertheless, the Defendant neglected to use a portable phone while driving the vehicle while under the influence of alcohol, and received the back portion of the above SM5 vehicle as the front portion of the above SM5 vehicle.

Ultimately, the Defendant suffered from the victim C and the victim E (the age of 55) who was accompanied by the said small passenger car by the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident, investigation report on actual condition, statement on the circumstances of the driver of the driver's license, and inquiry into the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier criminal standing);

1. Crimes violating the Traffic Act on the selective punishment of a punishment, shall be punished by imprisonment and the Act on Special Cases concerning the Settlement of Traffic Accidents;

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