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(영문) 대구지방법원 2019.08.21 2019고단2777
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On April 15, 2019, the Defendant driven a motor vehicle with 34 0.134% alcohol level around 20:50, while driving a motor vehicle with 0.134% alcohol level, and driven the front road B in front of Daegu Northern-gu, Daegu, along the two-lanes from the west north-gu to the solar distance.

At night at the time, the driver's vehicle was driven by the victim C (the 49-year-old) and the driver's vehicle was stopped according to the traffic signal, so the defendant engaged in driving of the vehicle had a duty of care to look at the front side well and stop according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant is under the influence of alcohol and proceeds with neglecting to do so.

The victim was found to have stopped late, and the part of the defendant's vehicle was followed by the victim's vehicle behind the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as salt fats, tensions, etc. in need of approximately two weeks’ medical treatment by occupational negligence as above, and the victim E, who was on a knive vehicle with a knife for about three weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

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

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced from June 25, 2019) concerning criminal facts;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act (the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Time of Sales).

1. The crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by making a judgment of choice of punishment shall be punished by imprisonment without prison labor, and the crime of violating the Road Traffic Act as stated in

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