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대구지방법원 상주지원 2016.11.08 2016고단395
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B in the Allied test.

1. Around September 21, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle while under the influence of alcohol 0.149%, and driven the said vehicle along the same lane in front of the D cafeteria located in the Gyeong-si C at the time of the police station from the direction of the station to the police station.

At the time, in such a case at night, a person engaged in driving of a motor vehicle has a duty of care to see well the right and the right and the right and the right and the right and to accurately operate the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent and did not neglect the front city and received the backer on the left side of the E-owned vehicle, which was parked on the right side of the driving vehicle in front of the direction of the driving vehicle.

Ultimately, the Defendant suffered injury, such as the 1st cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages, etc.

2. On the same date and time as the above paragraph 1 above, the Defendant driven the said car within a range of about 500 meters from the front day of the Gyeongbuk-gu Center located in the Gyeongdo-Eup, Dong-si to the place of the accident described in the above paragraph 1, while under the influence of alcohol by 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes, such as a traffic accident occurrence report, field map of a traffic accident, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, a report on the actual state of drinking drivers, a survey report on actual condition, on-site photographs, etc.;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act and Article 44 of the Road Traffic Act;

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