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(영문) 대구지방법원 포항지원 2021.01.13 2020고단1423
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 one year 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 second cargo vehicle in B.

1. On October 15, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle while under the influence of alcohol concentration of 0.113% during blood transfusion on October 15, 2020, and driven the intersection of D three-way distance in the north-gu C at the port of port from E to F.

In this case, the driver has a duty of care to safely drive the vehicle by making it possible for the driver to live well with the right and the right and the right and the right and the right and the right and ensuring the safety distance.

Nevertheless, the Defendant neglected this and found at the latest a h-to-hur vehicle driven by the victim G (e.g., 57 years old) who was stopped for the signal waiting in front of the direction run by the Defendant due to negligence when he neglected to neglect the influence of alcohol, and received the back part of the said vehicle from the front part of the said cargo vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence, to the victim.

2. The Defendant violated the Road Traffic Act (drinking) driving a two-freight vehicle under the influence of alcohol content of about 0.113% in a section of approximately 500 meters from the Do in front of the Do in the north-gu Seongbuk-dong trade name at the time of the day specified in paragraph 1 to the front road of D in the same city at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, field photographs, verification personnel for subscription to automobile insurance, and investigation report (victim G telephone conversations);

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report, and check of the results of crackdown on the driving of drinking;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of injury caused by occupational negligence) concerning criminal facts, and Article 148-2 of the Road Traffic Act.

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