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(영문) 대구지방법원 서부지원 2021.02.24 2020고단2945
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:50 on August 14, 2020, the Defendant driven an Erocketing car under the influence of alcohol leveling 0.118% from the 2km section to the “D” road located in Daegu Seo-gu, Seo-gu, Daegu-gu, to the roads of “D” located in Daegu Seo-gu, Seo-gu.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a motor vehicle of rocketing siren.

At the time of the day set forth in paragraph 1, the Defendant driven the above rocketing-to-land car, and driven the front road of the above “D” on the four-lane side before the death of the Defendant, using two-lanes of the front intersection as the four-lane side of this gate, at the speed of about 20 to 30km.

Since there is an intersection where signal apparatus is installed at the front, in such a case, the driver of the vehicle has a duty of care to safely operate by accurately operating the steering gear and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of business, while neglecting it, while driving as it is, due to the occupational negligence of the Defendant’s driving, and the part of the Defendant’s driving while stopping for signal waiting at the front direction of the Defendant’s driving. The part of the Defendant’s driving behind the Glearning car of the Victim F (M. 47 years old) followed by the Defendant’s driving in the front direction of the car.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on the circumstances of a driver who is placed in driving and a written diagnosis of the result of regulating drinking driving;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(3)2 and Article 44 of the Road Traffic Act.

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