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(영문) 대구지방법원 포항지원 2018.12.06 2018고단1341
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car with B low-priced car.

On September 26, 2018, the Defendant driven the said car while under the influence of alcohol 0.164% during blood transfusions on September 26, 2018, and led to the flow of the distance from the long distance to the private bank of the National Bank from the long distance.

Since there is an intersection where a signal is installed, there was a duty to safely drive a motor vehicle in accordance with traffic signals to prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim C (son, 25 years old)'s Drash drive to turn to the left at the left due to the negligence of entering the red signal, which violated the signal, late later, and received the front part of the above rash driver's vehicle as the front part of the above rash driver's vehicle.

As a result, the Defendant suffered injury to the victim, such as a shouldered salt, tension, etc., which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On September 26, 2018, the Defendant was under the influence of 0.164% of alcohol during blood transfusions on September 26, 2018. On September 26, 2018, the Defendant driven a B-hand car in the direction of approximately 2.8 km from the Do in front of the mutual infinite convenience store in the vicinity of the two-lane long-term in the north-gu in the port at the port to the road near the south-gu in the same port.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Notification of the results of regulating driving of drinking alcohol and report on traffic accidents (report on actual condition survey);

1. Application of Acts and subordinate statutes to accident scene photographs and diagnostic reports;

1. The point of causing bodily injury resulting from occupational negligence in the relevant legal provisions concerning the crime: Article 3 (1), the proviso to Article 3 (2), Article 3 (1) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Aggravation concurrent crimes;

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