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(영문) 대구지방법원 서부지원 2019.01.30 2018고단1658
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

Around 06:50 on May 6, 2018, the Defendant driven the said SM7 car while under the influence of 0.123% of blood alcohol concentration, and led the Defendant to drive the said SM7 car at the 0.123% of the two-lane roads in front of the Daegu Western-gu C, the two-lanes of the two-lane road at the Sncheon-gu office.

At the time, the front direction of the defendant is the road bended by the direction, and the two-lanes of the Dpoter II is parked, so in such a case, the driver of the motor vehicle has a duty of care to look at the front direction and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the

Nevertheless, under the influence of alcohol, the Defendant received the back part of the left-hand part of the above SM7 car from the front-hand part of the above SM7 car, and got the victim E(S49 years old) who was making a stop at the above time, and got the back part of the passenger car driven by the victim E(S7 years old) who was driving.

In the end, the Defendant suffered from the injury of fluoral finites that need to be treated for about 10 days by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

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

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the defendant of the same kind of crime.

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