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(영문) 대구지방법원 2019.02.21 2018고단5996

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 the operation of Bsch Rexton car.

On November 5, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.128% of the blood alcohol concentration around 16:00, while driving the vehicle, and driving the 152 Western-gu government bond compensation, the front of the west-gu government bond, Daegu-gu, with the flow of the west-gu from the distance of movable property to the west-distance distance.

Since the location was an intersection where signal lights are installed, there was a duty of care to ensure that a person engaged in the driving of a motor vehicle is able to properly see and proceed with the front signal and prevent the accident from occurring.

Nevertheless, the Defendant, who was under the influence of alcohol due to negligence while driving the vehicle of the victim C(26 years old), was driven by the front part of the Defendant’s vehicle in front of the driver’s vehicle. The Defendant, due to the shock, was driving the vehicle of the victim E(69 years old) with the front part of the driver’s vehicle while driving the vehicle of the victim E(69 years old) with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victims, such as salt, tensions, etc. in need of treatment for about two weeks, respectively, by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

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