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(영문) 대구지방법원 김천지원 2016.08.25 2016고단418
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 violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is engaged in driving a BD car.

On December 31, 2015, the Defendant driven the said car under the influence of alcohol level of 0.065% among blood transfusions on December 31, 2015, and driven the front road in Gumi-si C from the future main apartment zone at a speed of about 50km per hour from the east of the future main apartment zone.

There are crosswalks where signal lights are installed on the front door, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to see the front door well, and to safely drive the motor vehicle so that the accident can be prevented.

However, the Defendant neglected to do so and found the victim E (41) who was crossing the crosswalk at the right side of the left side of the Defendant’s moving to the right side of the crosswalk in the direction of the Defendant’s moving to the right side, and did not avoid this, but went beyond the victim’s left side by taking a bridge more than the left side of the said vehicle’s moving to the ground.

As a result, the Defendant suffered injury to the victim, such as the left-hand alley, which requires approximately five weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a B-type car under the influence of alcohol content of approximately 0.065% in the section of approximately 300 meters from the section of the studio in front of the studio in which the name in the Gu-Sim-si is unknown at the time and time as specified in the above paragraph 1, to the front road of the D-studio.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

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

1. Relevant Article of the Act and the choice of punishment for the crime;

A. The injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2), Article 4(1) proviso and Article 4(1)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and imprisonment without prison labor.

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