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(영문) 대구지방법원 서부지원 2016.05.20 2016고단358
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is the driver of Mas Cargo Vehicles B.

On December 31, 2015, the Defendant operated the said vehicle under the influence of alcohol content of 0.155% during blood transfusions on December 31, 2015, and led the D cafeteria in front of the D cafeteria located in the Gyeongbuk-gun C was driven from the direction of the E cafeteria to the 1st apartment bank.

At that time, since there is a center line of yellow solid lines, a person engaged in driving a motor vehicle has a duty of care to protect the vehicle line and drive the motor vehicle in good manner.

Nevertheless, under the influence of liquor, the Defendant was negligent in driving the central line her, and the part of the body part of the Victim F (V, 52 years old) walking along the vehicular road in the front of the Defendant was taken by the front side of the Defendant’s vehicle.

In the end, the victim suffered injury, such as the pellete of the necessary vertebrate, which requires approximately 10 weeks of treatment due to occupational negligence as above.

2. On December 31, 2015, the Defendant, while under the influence of alcohol content of 0.155% during blood transfusion, driven a dice truck at a section of approximately 300 meters from the front and front of a D restaurant located in G G apartment in the Gyeongbuk-gun, G in the Gyeongbuk-gun, the Defendant driven a dice truck at a section of about 300 meters from the front and rear of a D restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement report on the circumstances of a driver driving a drinking, and a report on the results of crackdown on drinking driving, and a survey report on actual condition;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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