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(영문) 대구지방법원 안동지원 2017.07.14 2017고단277
교통사고처리특례법위반(치상)등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the BM5 vehicle volume.

On May 4, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.161% from blood alcohol level around 00:09, and proceeded directly from the north west of the Bridge to the north west of the Bridge at Andong-si, Andong-si.

Since the location is an intersection with signal apparatus installed, the driver had a duty of care to safely drive the steering system and brakes in accordance with the vehicle proceeding signals by accurately operating the steering system and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle while driving the vehicle even though it was a stop signal, and the part of the front part of the vehicle in front of the victim C(45) driveed by the victim C(45) was received as the right side of the above SM5 vehicle.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim E (V) who is the seater of the pertinent SM5 vehicle, such as the escape certificate of light signboards, which requires approximately three weeks of medical treatment, and the injury to the victim E (VM5 vehicle age 27 years of age) who invaded two cages of cage, etc., which require approximately five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, an accidentmer, a notification of the results of crackdown on drinking driving, an inquiry about the results of crackdown on drinking driving, a yellow survey report, and a C diagnosis report;

1. Each internal investigation report and accompanying materials;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Facts constituting an offense: Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The punishment of imprisonment without prison labor shall be imposed on the crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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