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(영문) 대구지방법원 2017.03.23 2016고단6428
도로교통법위반(음주운전)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 of a C Poter cargo vehicle.

피고인은 2016. 12. 5. 17:22 경 혈 중 알코올 농도 0.103% 의 술에 취한 상태로 위 화물차를 운전하여 경북 경산시 백자로 10길 57에 있는 사동 휴먼 시아 1 단지 후문 앞 도로를 둥지 짬뽕 방면에서 사동 휴먼 시아 1차 후 문 방면으로 좌회전하게 되었다.

On the opposite side, there was a vehicle for the EM5 driver's use of the victim D(70 tax) driving, so in such a case, the driver had a duty of care to prevent accidents in advance and safely drive the steering gear and brakes by accurately manipulating the steering system and the steering gear.

Nevertheless, the defendant neglected to turn to the right and received the left portion of the victim's driver's vehicle that was going on the opposite line by negligence, and received the left portion of the victim's driver's vehicle in front of the defendant's driver's vehicle.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim, such as salt ties and tensions in need of approximately two weeks of treatment, and injury to the victim F (the 61-year old-age-old-age-age-age-age-age-age-age-age-age-age-of-the-counter-age-age-age-age-of-the-counter-age-age-age-age-

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), 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 concerning criminal facts;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances disadvantageous to the defendant: The defendant shall drinking alcohol.

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