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(영문) 대구지방법원 서부지원 2018.12.07 2018고단1157

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 driven the CMW car.

On December 06, 2017, the Defendant driven the said car under the influence of alcohol level of 0.141% among blood transfusion around 04:20, and led to a speed of about 60 km in Si/Gu from the 410-way way to the 410-way Neng-gu, Daegu Singu, as the 7-dong Singu, Seo-gu, Seo-gu, as the 7-dong-gu, Seo-gu, Seo-gu, Incheon Metropolitan City Flug-ro, along the IC room.

In such a case, a person engaged in driving service was negligent in neglecting the duty of care to accurately operate the steering direction and the steering gear, while neglecting the duty of care. The collision with the part of the victim D driving E and loaded the cargo loaded in the same lane with the front part of the Defendant’s vehicle. Ultimately, the Defendant suffered from the Defendant’s injury of the victim, who is the passenger of the damaged vehicle, for approximately two weeks of medical treatment, such as dynasium and tension in the foregoing occupational and practical course, and the injury of the victim, such as the dynasium and tension, which require approximately two weeks of medical treatment, to the F, who is the passenger of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, H, I, and J;

1. Each traffic accident occurrence report;

1. A report on detection of the driver at the primary place, a report on the circumstances of the driver at the primary place, and a statement;

1. Each written diagnosis;

1. A request for modern marine investigation, a written confirmation of the details of accident and fact confirmation, all records of the receipt of insurance policies, pictures, etc. of damaged vehicles, 112 reported treatment marks, photographs, etc. (referred to as the place of drinking as a suspected person), records of the situation processing, 112 records, photographs of harming vehicles, drinking cards, photographs, etc.;

1. The application of the investigation report (the comprehensive application of suspect A's mark calculation), investigation report (the application of the above dmark formula) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1.Article 40 of the Criminal Code of Trade and Trade.