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(영문) 대구지방법원 2017.10.12 2017고단4512
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B, the test.

On August 15, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.104% among the blood transfusion around 23:00, and moved the front road of each 1,000 elementary school, which is located in the 91-lane 58 (Tcheon-dong) from the center of the Yangu Northwest-gu, Daegu, into four lanes from each 4-lane direction.

At the time, there was a vehicle stopping in the front section of the vehicle, so there was a duty of care to prevent the accident in advance by accurately manipulating the front section and the left and right of the vehicle driver and accurately manipulating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, is driving ahead of the same lane due to negligence that he neglected to operate the vehicle, was driving ahead of the same lane. The victim C (41) who stops in the vehicle at the designated body of the vehicle, received the rear part of the DNA car driving in front of the above test.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., necessary for approximately two weeks’ medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Making a statement on the circumstances of a driver driving a drinking and inquiring about the results of regulating drinking driving;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning criminal facts of the relevant Act, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of duty and negligence);

1. Selection of penalty of imprisonment and imprisonment without 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] of the General Traffic Accidents Act (the injury caused by traffic accidents) No. 1 (the act of causing traffic accidents) and the basic area (the act of causing special mitigation (the act of causing special mitigation)] / driving under drinking, etc.

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