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(영문) 대구지방법원 김천지원 2017.03.15 2016고단1604
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a vehicle B k9.

On August 25, 2016, the Defendant driven the above car at around 01:40 on the 01:0 on August 25, 2016, and proceeded along the two-lanes among the three-lanes in the Dong-U.S. E-U., Dong-U.S. E-U. in such a case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to look at the front side and the right and the right and the right and the right and the right and to prevent accidents in advance by accurately manipulating the steering direction and the system.

Nevertheless, the Defendant, while under the influence of alcohol content 0.143% in blood, neglected the duty of 0.143% in the front of a passenger car operated by the Defendant on the left-hand side of the victim C(36 years old) driver's freight vehicle, who was under the influence of 0.143% in the front of a passenger car in which the Defendant was driving.

As a result, the Defendant suffered injury to the victim C, such as catum and catum salt in need of approximately two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle B k9 under the influence of alcohol content of 0.143% from a section of approximately 1 km from the front of a discount string on the road of the Gu-U.S. Sin-si at the time of the day under paragraph (1) to the fourth distance from the Gu-U.S. Sin-si Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, and an on-site inspection photograph;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (a point of occupational negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of drinking driving) concerning criminal facts;

1. Selection of penalty;

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