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(영문) 대구지방법원 김천지원 2017.04.25 2016고단1965
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 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 K5-car.

On November 29, 2016, the Defendant driven the said car under the influence of alcohol content of 0.107% among blood transfusions on November 29, 2016, and led the Defendant to drive the said car along three-lanes of three-lanes among the three-lanes, namely, LG displayplate 2 and three-lanes.

At the time, it was at night and at the same time a private distance crossing with a traffic signal, etc., so in such a case, the driver of the vehicle had a duty of care to safely operate the steering system by accurately manipulating the steering direction and the steering system.

Nevertheless, as seen above, Defendant 1 was negligent in neglecting the duty of an all-round week while driving as it was, and the part of the back part of the DNA car driven by Defendant C (63 ) which was parked in the signal atmosphere at the front side of the road running by Defendant Mar. 1, 200, which was driven by Defendant C(63 ).

Ultimately, the Defendant suffered from the injury of the victim E (38 tax) who was on board the passenger car with the victim C due to the above occupational negligence, by causing approximately two weeks of treatment to the victim E (38 tax) respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F and C;

1. Reports on the occurrence of traffic accidents, reports on the circumstances of drivers taking driving, inquiries about the results of crackdown on drinking, and reports on actual condition;

1. Each written diagnosis;

1. Application of relevant Acts and subordinate statutes, such as site photographs, site photographs, etc.;

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 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) are added to the crimes.

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