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(영문) 대구지방법원 2019.06.19 2019고단650

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 of the final judgment.

Reasons

Punishment of the crime

On December 2, 2018, at around 22:20, the Defendant driven a vehicle with 0.138% alcohol level, while under the influence of alcohol level 0.138%, and led to the flow bypassing from the border of the East-gu New Cancer-dong, Daegu to the effic three-way long-distance.

At night at the time and on the front day, Dgallon C(the age of 25) driven by the victim C(the age of 25) had a duty of care to live the front side well and secure safety distance and prevent accidents in advance.

Nevertheless, the Defendant is under the influence of alcohol and proceeds with neglecting to do so.

The victim did not find out that the victim stops and received the part behind the victim's driver to the right side of the motor vehicle by the motor vehicle left side of the defendant.

The Defendant suffered, respectively, injuries to the victim and the victim E (the age 25) who was on board the damaged passenger car due to the foregoing occupational negligence, such as salt, tensions, etc. in the trend requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

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

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) and proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Point of driving under the influence of alcohol: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Crimes against the violation of the Act on Special Cases concerning the Handling of Traffic Accidents in Each judgment on commercial concurrence;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be imposed, and as to the crime of violation of the Road Traffic Act, a sentence of imprisonment shall be imposed;

1. From among concurrent crimes, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the holding that punishment is heavier within the scope of the sum of the maximum term of each crime, Articles 37 (former part), 38 (1) 2 and (2), and 50 (Bodily Injury) of the Criminal Act;