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(영문) 대구지방법원 서부지원 2019.09.20 2019고단168
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 driving a cargo vehicle B.

On May 13, 2018, at around 10:30 on May 13, 2018, the Defendant driven the above cargo vehicle with a blood alcohol concentration of 0.118%, and led the vehicle to turn to the left at the front of the Edong from the front of the Dong.

At the time, the driver of the vehicle was under the duty of care to accurately operate the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and got off the front part of the said cargo vehicle in front of the said cargo vehicle, and got off the front part of the said rocketing passenger vehicle due to its shock, which was parked later, the Defendant got off the front part of the HH AW-pured vehicle.

As a result, the Defendant suffered injury to the victim, such as the inception and tension of the part in which treatment is required for about three weeks, and the inception and tension of the part of which detailed is unknown, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report and photographs of the accident site;

1. Report on the statement of the situation of a drinking driver, and notification of the results of crackdown on drinking driving;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement 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 (wholly amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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