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(영문) 대구지방법원 포항지원 2018.11.28 2018고단1340
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 a B-learning car.

On September 26, 2018, the Defendant driven the said car while under the influence of 0.132% alcohol during blood transfusion at around 18:29, and proceeded three lanes, one of three lanes, one of the three lanes, one of the three lanes, one of the 731-lane 2-1, South-gu, Yancheon-gu, Yancheon-ro Steel at the border of the Gyeongbuk-gu, Chungcheongnam-gu, Seoul, and the other.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by properly operating the steering gear and steering the steering gear well and accurately.

그럼에도 피고인은 전방 ㆍ 좌우 주시의무를 태만 히 한 채 그대로 직진하여 같은 차로 전방에 정차하고 있던 피해자 C( 여, 41세) 운전의 D 모닝 승용차 뒤 범퍼부분을 위 피고인이 운전한 모닝 승용차의 앞 범퍼부분으로 들이받았고, 이 충격으로 인해 위 D 승용차가 앞으로 튕겨 나가 그 전방에 우회전 대기 중이 던 피해자 E( 여, 35세) 운전의 F 레인지로 버 이보크 승용차의 뒤 범퍼부분을 위 D 승용차의 앞부분으로 들이받게 하였다.

As a result, the Defendant suffered injury to the victim C on the left-hand part of the non-unclaimed part requiring approximately three weeks of medical treatment due to occupational negligence as above, and injury to the victim E, such as cryp salt, tension, etc. in which approximately two weeks of medical treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A copy of an accident photograph 13 and an investigation report on the actual condition of a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the choice of punishment, Article 268 of the Criminal Act (the occupation of each business and actual occupation, each choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment with prison labor);

1. The Commercial Concurrent Crimes Act.

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