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(영문) 대구지방법원 상주지원 2016.08.30 2016고단240
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became 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 a person who is engaged in driving of B Poter Cargo Vehicles.

On April 13, 2016, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of 0.095% in blood around 16:45, while driving the vehicle at around 0.095% in the influence of alcohol, and led to the left turn to the left at the right turn from the 3rd center of the Saemaul in the direction of the 3rd center at the 3rd center in the Nakdong River.

The Defendant, while under the influence of alcohol, was unable to properly operate the electric steering, steering and brake devices, and was driven by the victim C(84 ) who was driving on the left-hand side of the course of the collision and was driven by the victim C(84 ) who was driving on the left-hand side of the course of the collision with the front part of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as internal care for about 8 weeks, internal care, balone, and balone bones, etc.

2. Defendant 1 driven the cargo vehicles described in the above 1. Paragraph 1. while under the influence of alcohol content of about 0.095% from the 100-meter section to the 3rd center for senior citizens at the same 100-meter radius from the cafeteria of the Soyang Village in the Pungcheon-gun, Gyeongcheon-gun, the date and time indicated in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the occurrence of a traffic accident, reporting of each traffic accident, notification of the results of crackdown on the driving of alcohol, making a statement on the circumstances of a driver who takes driving, and inquiring about the results of crackdown on driving of alcohol;

1. Application of Acts and subordinate statutes to accident scene photographs and diagnostic reports;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection 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. Suspension of execution;

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