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(영문) 대구지방법원 상주지원 2018.01.16 2017고단494
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles.

On September 27, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.085% from blood alcohol level around 18:40 on September 27, 2017, and continued to proceed to the intersection of 3-distance, Cheongri-ri-ro, Cheongri-ri-ro, 250, Cheongri-ri-ro, Cheongri-ri-ro, Cheongri-ri-ro, Cheongri-

At the time, the road was one-lane in which the center line of the yellow-ray was installed at night and at that time, so there was a duty of care to thoroughly operate the vehicle in front and safely to prevent accidents by safely operating the vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving a central line while under the influence of alcohol and driving it on the part of the victim D (75 Do) E (75) driving, which was proceeding along the opposite opposite lane, and received the front part of E (75 Do) from the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body body felbs, which requires approximately seven weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven Cpoter cargo at approximately 0.085% alcohol level from the 4km section of approximately 0.085% in blood alcohol level from the 4km-ro, Cheong-dong, from the south-ri, Cheong-ri, the south-ri, a Cheong-ri, a Cheong-ri, which was located in 919, at the time of residing in the city of the day as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Report on internal investigation (No. 9 No. 5 of the evidence list);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. The driver's license ledger and the driver's license ledger;

1. Application of statutes on site photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and Article 3(1) and proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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