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(영문) 대구지방법원 2015.05.21 2015고단628

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not more than ten 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle of 31 ton cargo.

On November 24, 2014, at around 13:50, the Defendant driven the above cargo while under the influence of alcohol 0.119% with a blood alcohol concentration of 0.10%, and made it left left at the left of the Guamrily from the Doamhum of Yong-si, Youngcheon-si.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the defendant neglected to do so and proceeded with the defendant's cargo vehicle due to the negligence, and the victim D (Nam, 61 years old) driven from the south-dong Office of the south-dong Office of the flow direction of the defendant's cargo vehicle to the surface of the Guamriri, conflict with the defendant's cargo vehicle's front part of the defendant's cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the 10-day acute trauma, which requires treatment for about 10 weeks due to such occupational negligence, such as the former Government of the Republic of Korea on the right side of the blood species, and the dubal 6th century.

2. Around 13:50 on November 24, 2014, the Defendant driven a c1 ton cargo vehicle in the section of about 4 km from the vegetative frisome road in the vicinity of the Sinsan City to the front day of the Sincheon-si, Yongcheon-do, while under the influence of alcohol by 0.119% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate for a victim);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act and Article 44 of the Road Traffic Act;