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(영문) 대구지방법원 2020.11.05 2020고단4653

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a passenger car with B low-speed car;

On July 14, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.037% of blood alcohol level on July 14, 2020, and driven the front side road of the D agency located in Daegu Water-gu C at a evisic speed.

On the other hand, there was a two-way road for both bicycles and pedestrians, so in such a case, there was a duty of care to prevent accidents in advance by driving the steering gear and brakes in a safe manner without the influence of alcohol, and driving the steering gear and brakes accurately.

Nevertheless, under the influence of alcohol, when the Defendant was negligent and proceeded along as it is, the Defendant received the part of the bicycle side driven by the victim E (Nam, 63 years old) who was driving on the right side from the left side of the running direction of the Defendant to the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury, such as a thring of hand, which requires approximately 10 weeks of medical treatment, to the victim due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle at the bottom specified in paragraph (1) while under the influence of alcohol at a section of about 200 meters from the date of the temporary border specified in paragraph (1) to the place specified in paragraph (1).

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. The application of Acts and subordinate statutes to the Act and subordinate statutes, such as a survey report on actual condition, a report on the circumstantial statement of a drinking driver, a report on investigation (in the scene of an accident), a field photograph, etc., a report on investigation (CCTV verification)-related photograph;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;