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(영문) 대구지방법원 서부지원 2020.05.14 2020고단386
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On October 10, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.116% 0.10%, while under the influence of alcohol around 22:35 on October 10, 2019, and led the D cafeteria in Daegu Seo-gu C to the F cafeteria from the direction of the E Convenience.

At the time, commercial buildings are concentrated in and around the night, and in such a case, there was a duty of care to prevent accidents in advance by checking whether there is a pedestrian or not in the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant got the victim G (the age of 18) who was standing in front of the Defendant due to negligent negligence while neglecting this, and had the victim go beyond the floor.

Ultimately, the Defendant suffered salt, tension, etc. from the part of a neck that requires approximately three weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.116% from the 3km section of approximately 3km to the roads in front of Daegu-gu, Seo-gu, the date and time limit set forth in paragraph (1) of this Article, along with an I cafeteria in front of the said D cafeteria, from the roads in front of the said D cafeteria to the J of Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. On-site photographs, a survey report on actual condition, a report on the actual condition of the drinking driving control, a report on the situation of a drinking driver, photographs, carvings, a driver's license register, a black stuff image, a diagnosis report, an appraiser, and a photograph;

1. Application of Acts and subordinate statutes of the investigative report (No. 29,30)

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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