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(영문) 대구지방법원 2016.07.21 2016고단2061
교통사고처리특례법위반등
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. On April 17, 2016, the Defendant: (a) driven a motor vehicle with B low alcohol level of 0.122% under the influence of alcohol, from the front of a restaurant at the Cheong-gu, Daegu Northern-ro, Daegu-gu, Seoul-ro, to the front road of the 64 North Korean Statistical Office in Dong-ro, Dong-ro, 15:5.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B low-priced car.

On April 17, 2016, the Defendant, while under the influence of alcohol on April 15:55, 2016, followed three-lanes from the location of the post office distance of Gangnam-gu, Daegu Central Statistical Office, Daegu, about the five lanes in front of the 64 North Korean Statistical Office.

At the time, there was a vehicle stopped to the front side of the defendant, so in such a case, the person engaged in driving service has a duty of care to accurately manipulate the brake while maintaining the safety distance with the vehicle in front of the defendant and prevent the accident from occurring.

Nevertheless, the Defendant was negligent in neglecting this and driving at the same lane, and the victim C (34 ) who stops for the signal waiting prior to the foregoing signal waiting, and was driven by the victim C(34 ) by driving the D observer car, and the part behind the above observer part of the vehicle in front of the vehicle in the highest typ.

Accordingly, the Defendant suffered from the injury of the victim C and the victim E (the 34 years old), and the victim F (the 5 years old) who was on board the observer car due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol, photographs, survey report on actual condition, and application of Acts and subordinate statutes to medical certificates;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.

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