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(영문) 대구지방법원 2019.02.15 2018고단5714
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 BM5 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 22, 2018, the Defendant, while under the influence of alcohol of 02:04, the blood alcohol concentration of 0.152%, was driven by the Defendant: (a) the intersection in front of the Desansan of the Da Bank in Daegu Jung-gu, Daegu-gu C, was driven by turn to the left at the right-hand level from the right-hand distance to the E apartment gate.

Since it is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the signals and prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left in the straight line, and caused by negligence in the course of duty, which was driven by the victim F.F.(the age of 27) (the age of 27) who was on the front part of the car driving by the Defendant at the front part of the car driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the removal of the left-hand pelvis, which requires approximately seven weeks of medical treatment due to such occupational negligence.

2. On September 22, 2018, the Defendant driven BM5 vehicle under the influence of alcohol at approximately 500 meters from the section of approximately 500 meters of alcohol alcohol concentration to the road front of the Dengu Jung-gu, Daegu E apartment on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A medical certificate;

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

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The selective penalty, imprisonment without prison labor and imprisonment, respectively;

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