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(영문) 대구지방법원 김천지원 2017.11.28 2017고단1372
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 a cuss car in B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.161% during blood transfusions at around 03:30 on September 8, 2017, and led the Defendant to drive the said car in front of the D cafeteria located in Gumi-si C from the direction of the Insidong Library.

In this case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in a safe manner through thorough operation of the steering direction and operation system.

Nevertheless, under the influence of alcohol, the victim E (23) who was stopped behind the running direction of the defendant due to the negligence of the defendant, while neglecting this, was driven by the front part of the Franchisa car driving by the defendant.

After all, the Defendant suffered injury to the victim G (23) who is a partner of the victim E and the foregoing small passenger car in the foregoing occupational negligence, due to approximately two weeks of treatment.

2. The Defendant, in violation of the Road Traffic Act, driven a coo vehicle on B while under the influence of alcohol with 0.161% alcohol concentration in blood at the time, place, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) are between the crimes, and the victim E with heavier criminal penalty.

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