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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2818

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a rocketing siren car.

On September 27, 2018, the Defendant driven the said vehicle as his duties while under the influence of alcohol of 0.145% with a blood alcohol concentration of 0.145% on September 27, 2018, and led the said vehicle to the two-lanes of the two-lanes between the three-lane two-lanes in the direction of flat distance from the boundary of the outflow of North Korea.

In such a case, despite the fact that a person engaged in driving service has a duty of care to operate the steering gear accurately, to regulate the speed in advance, and to safely drive the steering gear, the Defendant was at the front part of the Defendant’s vehicle, following the DPote vehicle driven by the victim C(the age of 27) who was in a direct progress in the same direction two lanes from the same direction by neglecting it under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Around September 12:47, 2018, the Defendant driven the said siren vehicle under the influence of alcohol content of about 0.145% at the 5km section from the front of the Daegu Northern-gu, Daegu-gu to the front of the 283 Seogu, Seogu-gu, Seogu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to survey reports on the actual condition of drinking driving, notification on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, notification on the completion of correction, driver's license register, vehicle inquiry, mandatory insurance association and medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;