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(영문) 대구지방법원 2019.05.15 2019고단845

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 05:40 on December 10, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BingM KZ car while under the influence of alcohol 0.103% (Application of the FingK model) with a blood alcohol concentration of 0.10% (the FingMK model) and led the Defendant to drive the BingMK car along the three-lane road at the 30.4km point in the Daegu Port of the Mari-gu Highway, Daegu Port.

At the time, a person engaged in driving of a motor vehicle had a duty of care to prevent an accident by accurately manipulating the front side and the left side and the left side and the steering system of the motor vehicle, and to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant shocked the back of the victim C dump truck truck truck truck truck vehicle that was driven at the front of the driver's car due to the occupational negligence of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above.

2. Around 05:40 on December 10, 2018, the Defendant driven the said vehicle while under the influence of alcohol by 0.103% of the blood alcohol concentration of 0.103% from the south-gu E-gu at port to the lower 30.4km at the Daegu-gu Signals Port Highway, the Daegu Man-gu Highway, the Mancheon-si, Sincheon-si, to the lower-speed road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Report on the statement of the state of the driver, report on the state of the driver, report on blood alcohol appraisal, and report on internal investigation (applicable to the Medmark formula);

1. Application of Acts and subordinate statutes (record 55 pages of evidence);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1), proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) Point of driving under the influence of alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.