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(영문) 대구지방법원 김천지원 2016.09.22 2016고단573
교통사고처리특례법위반등
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

The defendant is a person who drives a ma-car.

On March 11, 2016, the Defendant driven the said car under the influence of alcohol level of 0.141% from blood alcohol level around 22:20 on March 11, 2016, and led to the two-lanes in front of the apartment unit in front of the river basin, which is located in the Gumi-si Scattering, along the two-lanes from the boundary of the gas station to the mountain intersection.

At night at the time and at the front of the Defendant’s driving line, the victim C(31) was driving a D-A-D car, and thus, the Defendant had a duty of care to look at the front line well and to accurately operate the steering gear and the operation of the steering gear.

However, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting to do so, and the part of the Defendant’s panion was followed by the said car, and the said part was the front part of the Maz car.

As a result, the Defendant suffered injury, such as the trend of light and tension in need of approximately two weeks of treatment by occupational negligence as above, and the Defendant suffered injury.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on a traffic accident, a survey report on the actual condition, a traffic accident scene photograph, and an accident scene photograph;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts;

(a) Injury caused by occupational negligence: Article 3(1) and the proviso to Article 3(2) and Article 4(1)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Driving alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents ( considered the degree of alcohol in blood and the degree of traffic accident while driving a motor vehicle while driving a motor vehicle);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act, which provides for the crime of violating the Act on Special Cases concerning the Settlement of Heavy Traffic Accidents.

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