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(영문) 대구지방법원 서부지원 2019.06.27 2018고단3282
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a person engaging in driving a car B.

1. On November 11, 2018, the Defendant driven the said vehicle under the influence of alcohol content of about 0.095% from the 3km section to the front of the Daegu-gu D Building, Seo-gu, Seo-gu, Daegu, at around 02:45, around November 11, 2018.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said motor vehicle as a temporary border as set forth in the above 1. paragraph (1) and drive the said motor vehicle along the four-lane direction from the boundary of the post office stop located in Seogu, Daegu-gu, Daegu-ro 3467 Scattering-ro, Seoul-

A person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the duty of Jeonju and neglected to do so, went to the right side of the victim E (the age of 39) who was in the edge of the road where he was frighted at the edge of the road.

The Defendant suffered injury to the victim due to the above occupational negligence, such as the next 10-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. A survey report on the actual condition, notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, the written completion of correction, a medical certificate, a driver's license register, a tea inquiry, a vehicle photograph, and a certificate of insurance coverage;

1. Application of the Investigation Report (No. 47) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, 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);

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 Criminal Act, the suspension of execution;

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