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(영문) 대구지방법원 2021.02.18 2020고단4180
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of B-cricking car.

On January 12, 2020, the Defendant driven the above vehicle while under the influence of alcohol level of 0.07% in light of the blood alcohol level of 06:18, and driven the road of five-lanes in front of the four-lane distance in the 2380th of Daegu Water-gu, according to the breathm of the horizontal Gu.

At the time, it is a new wall at the center of the above road. Since the street has a strong width, in such a case, the driver of the vehicle had a duty of care to prevent the occurrence of the accident in advance by accurately operating the steering gear and steering the steering gear under the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the street trees that are planted at the center separation zone of the above road due to the negligence of neglecting it, and received the front part of the vehicle that the Defendant drives.

Ultimately, the Defendant suffered injury, such as the closure frame of a horse, which requires approximately 14 weeks of medical treatment, to the victim C ( South, 27 years of age) who was accompanied by the Defendant’s vehicle due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven a vehicle as set forth in paragraph 1 in the state of alcohol alcohol level of about 0.07% from the section of about 3 km from the front of a mutually influent restaurant in Daegu-gu, Daegu-si to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Photographs;

1. Application of Acts and subordinate statutes to a medical certificate and a written statement of intent written D;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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