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(영문) 대구지방법원 포항지원 2019.02.22 2018고단1562

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. The defendant is a person who is engaged in driving a vehicle BM7 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 2, 2018, at around 00:30, the Defendant driven the said car while under the influence of alcohol of 0.150%, and continued to drive the said car, leading to one-way road prior to the cudio in North-gu, North Korea at the port.

Since there is a narrow one-way road where no entry into the motor vehicle is marked, there was a duty of care to prevent accidents in advance by safely driving the motor vehicle by safely driving the motor vehicle, such as safety signs, without entering the surrounding areas.

Nevertheless, the Defendant violated the safety signs indicating the prohibition of passage under the influence of alcohol, thereby driving a victim D (ma, 66 years old) driving normally proceeding on the opposite part due to the negligence of driving a one-way road, and received the front part of the upper part of the victim E (ma, 66 years old) driving as the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as knee knee knee, which requires treatment for about two weeks due to such occupational negligence.

2. Around 00:30 on October 2, 2018, the Defendant driven a BM7 car at a section of about 10 meters near the road 10 meters in the north-gu Cudio at the port of port while under the influence of alcohol 0.150% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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