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(영문) 대구지방법원 서부지원 2020.04.29 2019고단2827
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving of B Coindo sports cargo vehicles.

On May 27, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.096% of alcohol level around 04:20 on May 27, 2019, and led the four-lane road in front of the Seogu Seo-gu Seoul Building to drive the four-lane road in front of the Seogu Seo-gu Seoul Building from the south Liopon-distance bank to the new Liopon-distance bank, along the two-lane and three-lanes.

At all times, there is a crosswalk where signal lights are installed, so there is a duty of care to live well as to safely drive the driver in accordance with the new code.

Nevertheless, the Defendant neglected the influence of alcohol and neglected to follow the left-hand turn signals, and received the victim D(47 years of age) who was left-hand from the right-hand side of the crosswalk in accordance with the Mad-on pedestrian signal, from the Defendant’s cargo vehicle.

As a result, the defendant driving a cargo vehicle under the influence of alcohol, and suffered from the victim's injury, such as cage cage cages, which require approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Investigation of cambling images of vehicles);

1. Investigation report on actual condition, report on the control results of drinking driving, and circumstantial statement of drinking drivers;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced, and as to the crime of violation of the Road Traffic Act, imprisonment shall be sentenced;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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