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(영문) 대구지방법원 의성지원 2017.06.29 2017고단110
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2017, the Defendant: (a) driven a C car with alcohol content of at least 0.080% in the C car under the influence of alcohol in the direction of about 4km from the west-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeongbuk-gun of the Gyeong-gun of the Gyeong

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said car sirens car at the time set forth in paragraph 1, and, at the right time set forth in paragraph 1, the Defendant proceeded with the Dolsan-ri road from the U.S. Doluri-ri side to the Dol

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant, while neglecting the influence of alcohol and driving a vehicle by negligence, received the back wheels part of the victim D(W, 63 years old) driver's motor vehicle driving engine device, which was driven by the Defendant at the front direction of the car driving in the front direction.

As a result, the Defendant caused the victim to suffer injury, such as the cutting of the upper half of alleys, which require a stable medical treatment for about 11 weeks, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a traffic accident actual investigation report, and on-site photographs;

1. Making a report on the circumstances of the driver involved in driving and making inquiries about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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, Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent of the sum of the long-term punishment for each of the above crimes);

1. The Criminal Act, the suspension of execution;

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