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(영문) 대구지방법원 포항지원 2018.05.10 2018고단337
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

The Defendant is a person engaging in driving a car B i40.

On March 2, 2018, the Defendant driven the said car under the influence of alcohol level of 0.117% during blood transfusion around 23:04, while driving the said car at the speed of 0.117%, and driving the two-lanes in front of the Drown-gu C at the port of port into the e hospital at the e hospital at the right side.

Since there is a private road crossing where signal lights are installed, a person engaged in driving service has a duty of care to check whether there is a vehicle in another direction by reducing speed and by properly examining the right and the right and the right and the right of the vehicle, and to safely drive the vehicle in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant was found to have been in the front part of the victim E-(72) driving in front of the right side of the said i40-car driving due to the occupational negligence in the opposite market due to a violation of red signal while neglecting it. The Defendant was in front of the left side of the said i40-car driving.

Ultimately, the Defendant suffered injury to cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report on the actual condition of a traffic accident, notification of the results of crackdown on drinking driving, and statement of the circumstances of the driver who takes driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The injury resulting from occupational negligence in the relevant legal provisions concerning the crime: Article 3 (1), the proviso to Article 3 (2) 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a heavier punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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