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(영문) 대구지방법원 2018.05.17 2018고단515
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving a observer car B.

On December 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.081% during blood transfusions on December 28, 2017, and led to the flow of the private distance in the parking lot of the indoor sports pool parking lot of 3-6 Gyeongsan-dong, 33-6, Sinsan-si, Sinsan-si, bypassing from the indoor sports room to the indoor sports hall.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driving the victim C(35 ) driving the victim C(35 Do) driving the indoor sports center in the direction of the indoor sports center due to the negligence of bypassing it as is.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment, i.e., a copy of the upper right neck, outside the pipe.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing in Article 62-2 of the Criminal Act: The defendant has already been punished several times for the same kind of crime, and the degree of injury to the victim.

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