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(영문) 대구지방법원 포항지원 2020.07.21 2020고단631
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for 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 a B K5 car.

On May 10, 2020, the Defendant, while under the influence of alcohol at around 07:16, driven the said car, and led to a five-lane road in front of the “D” restaurant located in south-gu C at the port of port along the two-lanes in front of the “D” restaurant.

In this context, since other vehicles were stopped in the signal atmosphere, there was a duty of care to drive the vehicle safely by putting a person engaged in driving a motor vehicle on the front side and right side without driving a motor vehicle, and accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so and was negligent in driving on the part of the Defendant’s front-hand part of the Gbe New Car in the direction of the driving of the Defendant’s vehicle, which was parked in the signal atmosphere from the front side of the direction of the driving of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven B K5 vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.198% from the 1km section from the south-gu H’s first road to the front road of the “D” restaurant located in the same Gu C at the time of the temporary border as stated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Injury resulting from Occupational Negligence;

(k) Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, 148-2 (3) 2 of the Road Traffic Act;

(1) imprisonment.

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