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(영문) 대구지방법원 영덕지원 2017.09.27 2017고단208

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:05 on July 3, 2017, the Defendant: (a) driven a new car in the state of alcohol alcohol concentration of about 0.229% from the 3km section of around 10:05, from the roads in the North Yong-gun, Chungcheongnam-gun; (b) around 10:05, the Defendant driven a XG car.

2. The Defendant is a person who violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and engages in driving service of XG cars.

At the same time as paragraph 1, the defendant was driving a motor vehicle in front of the Gyeongbuk-gun in the territorial sea from the territorial sea to the territorial sea.

At the time, the G Freight car driving from the victim F(39 years old) to the front side of the lane run by the defendant was in progress. In such a case, there was a duty of care to prevent the accident by safely driving the vehicle by driving the vehicle, such as thoroughly operating the steering gear and operating the steering gear properly.

Nevertheless, the Defendant’s negligence, as in paragraph 1, was sobly driven by the Defendant’s negligence, led to a shocking part of the Defendant’s driver’s car, which is the front part of the right side of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment.

Summary of Evidence

The defendant's legal statement F reports on the occurrence of a traffic accident in the police statement report, the notification of the results of the driving of alcohol, the actual situation report, the survey report, the scene map of the accident, four on-site photographs, the driver's license ledger (Ma1), the vehicle inspection report (Ma1), the vehicle inspection report (Ma2 driver's diagnosis report), the internal investigation report (Ma2 driver's diagnosis report), the attached data related to the criminal facts subject to the law, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the driving of alcohol, the choice of imprisonment, the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (occupationally on Duty).