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(영문) 대구지방법원 2020.02.05 2019고단2658

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 00:17 March 17, 2019, drive DK5 cars not covered by mandatory insurance while under the influence of alcohol level 0.070%, at around 00:0:17, at around 00:17, the Defendant driven the DK5 car to the F market on the side of the E University.

To proceed as an opposite lane, the U.S. came to be a U.S.ton.

Since the location is a road where the center line of yellow domin line is installed, the defendant engaged in driving motor vehicles has a duty of care to make a U.S. internship at the point where the U.S. is permitted.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the injured party G (the age of 27) who was driven in the opposite lane due to the negligence of the central line, and was driven by the injured party G (the age of 27) as the rear part of the said K5 vehicle.

Ultimately, the Defendant, by negligence in the above business, damaged the victim G (27 years of age) by causing approximately two-day injury to the spawal cule, such as salt chills and tensions, and the victim I (27 years of age) who was on a spathal car, in need of approximately two-day medical treatment, such as spawal culums and tensions, and the victim J (28 years of age) who was on a spathal car, in need of approximately two-day medical treatment, and at the same time damaged the damaged vehicle in excess of KRW 2,907,344.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, I and J;

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 drinking drivers, and inquiry into the results of the control of drinking driving;

1. Each motor vehicle insurance certificate:

1. Each written diagnosis;

1. Application of statutes on specifications for checking and maintaining automobiles;

1. Article 3(1), proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)3 and Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply from June 25, 2019) concerning criminal facts.