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(영문) 대구지방법원 2019.05.30 2019고단1709
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 27, 2018, at around 08:10, the Defendant driven the above van while under the influence of alcohol with 0.059% of blood alcohol concentration, and led the safety zone at the right edge of the three-lane road in front of Gyeonggi-do, the front side of the three-lane road in light of Gyeonggi-do.

Since there is a left-hand turn-hand area, there was a duty of care to safely drive a motor vehicle without keeping the above sign to the person engaged in driving the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected to turn to the left due to negligence in violation of the prohibition sign of left-hand turn, and led the victim D(39 years of age) driving in the same direction from the safety zone on the left-hand side of the three-lane road at the end of the first-lane road.

After all, the Defendant suffered injury to the victim D due to the above occupational negligence, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral tys

2. Around 08:10 on Nov. 27, 2018, the Defendant driven a Grand Kank in Bland under the influence of alcohol content concentration of about 0.059% from the 10km section around the road around the Gani-si Do Office of Action in Sinung-si to the front road of the Gani-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. An accident site photograph, on-site photograph (signboard and safety zone);

1. A medical certificate;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV image);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 3 (1) 1 and 8 of the same Act, and the Criminal Act;

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