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(영문) 대구지방법원 2017.01.24 2016고단5764
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the driving of B Poter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 27, 2016, the Defendant, while under the influence of alcohol level of 0.145% among the blood transfusions, driven the above Poter freight vehicle with three-lanes in front of the D cafeteria in Daegu Northern-gu C, and proceeded along two-lanes from the four-lane distance towards the Gongsan Suwon-gu.

In such cases, the driver had a duty of care to prevent accidents in advance by safely driving the former, the latter, and the left and right.

Nevertheless, due to negligence of neglecting this, the victim E (the 37-year old) driving of the victim E (the 37-year-old driver) who stops on the front side of the road due to the negligence of neglecting it and neglecting it, and caused the above large part to be carried out by the Defendant’s driver with the front part of the freight vehicle in front of the Defendant’s driver’s vehicle, thereby causing the victim G (the 31-year-old driver) (the 31-year-old driver)’s vehicle in progress.

The Defendant suffered, by such occupational negligence, approximately 2 weeks of dump finites, etc. for which the victim E needs to be treated, and the victim G suffers from approximately 2 weeks of dump, tension, etc.

2. On October 27, 2016, the Defendant: (a) driven the Poter truck under the influence of alcohol leveling 0.145% of alcohol leveling from 12 km-ro, Daegu North-gu, Daegu-ro, 47:10, to the front day of a restaurant located in the same Gu C; and (b) the Defendant driven the Poter truck under the influence of alcohol leveling 0.145%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G preparation;

1. Inquiries about the results of crackdown on drinking driving, the inspection report on actual condition, and the application of Acts and subordinate statutes to the investigation report (Attachment to a medical certificate);

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, and Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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