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(영문) 대구지방법원 2019.07.11 2018고단5811

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for 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 is a person who is engaged in driving a car in the MINI Cooper D Coopman.

On October 4, 2018, at around 03:15, the Defendant driven the said car while under the influence of alcohol of 0.101%, and made it turn to the left from the c apartment bank with the desire to turn to the left from the c apartment bank.

In this case, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, even though the Defendant neglected to pay the left-hand turn on the two directions by neglecting the alcohol, the front part of the E-si driven by the victim D(the age of 66) under the new subparagraph on the opposite lane, which was driven by the victim D(the age of 66) due to the negligence of giving the left-hand turn on the left-hand turn.

As a result, the Defendant caused the victim to suffer injury, such as salt, tension, etc., in need of approximately three weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of type] according to the sentencing guidelines for the reasons for sentencing under Article 62-2(1) of the Criminal Act shall be the general public.