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(영문) 대구지방법원 2018.04.27 2017고단7145
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 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 of Bone Star Co., Ltd.

On October 22, 2017, the Defendant, while under the influence of alcohol level of 0.166% in the blood, driven the above van in the direction of the direction of the direction of the direction of the direction of the direction of the yellow distance, while driving the front line of Daegu-gu C, Daegu-gu in the direction of the alcohol level of 0.16% in blood.

Since there is a road where vehicle traffic is frequent, in such a case, the driver of the vehicle has a duty of care to accurately operate the steering gear and the operation of the steering system and to safely proceed with the operation of the steering system by keeping the steering direction and the right and the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was found to have been negligent in driving the victim D ( South, 64 years old) E rocketing taxi in the front of the said cab and received the back portion of the said cab in front of the said cab due to the negligence that was found late after the Defendant stopped.

Ultimately, the Defendant suffered injury to the victim D in the course of performing the above occupational negligence, such as fluoral dumum, which requires approximately two weeks of medical treatment, and injury to the victim F (V, 41 years of age) who was aboard the cab, such as fluoral dumum, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Written statements of D;

1. Each written diagnosis;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor and imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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