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(영문) 대구지방법원서부지원 2020.11.27 2020고단1327

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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. Around 20:10 on March 16, 2020, the Defendant driven D Poter Cargo Vehicles while under the influence of alcohol leveling 0.223% of the blood alcohol concentration at 0.223% from the front of the Daegu-gu apartment site B to the front of the Daegu-gu apartment road.

2. The defendant is a person who is engaged in driving a DPoter cargo vehicle.

At around 20:10 on March 16, 2020, the Defendant driven the above cargo truck, and led the front road of Daegu-gu C in front of the road from the direction direction to the direction direction at a speed of about 40km per hour from the direction direction.

At the time, there was a motor vehicle waiting for signal signal at night and in the front, so there was a duty of care to properly operate the brake by properly operating the brake while living well in the front.

Nevertheless, the Defendant neglected to do so and did not discover a F-Won car driven by the injured party E (Nam, 50 years of age) who was under the influence of alcohol at the front of the cargo vehicle of the Defendant, and received a part of the Defendant’s cargo vehicle back to the back of the victim’s vehicle.

In the end, the defendant suffered a tension and tension from the Defendant’s occupational negligence, which requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Report on the occurrence of traffic accidents in the police statement E of the defendant's legal statement, investigation report on the actual condition of the driver, investigation report on the blood alcohol and alcohol, diagnosis report on the detection of the drinking driver, and application of Acts and subordinate statutes to the field photography of the defendant;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of

1. Article 37 of the Criminal Code among concurrent crimes.