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(영문) 대구지방법원 2018.04.19 2018고단164
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 BM5 car.

On January 2, 2018, the Defendant driven the said car under the influence of alcohol level of 0.112% from blood alcohol level around 18:05, and led the Defendant to turn to the left from the bank of the Gangnam-gu Police Station located in Daegu Northern-gu C, by driving the said car at the level of alcohol level of 0.12%.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the defendant neglected to turn to the right on the road due to negligence and received the back of the victim E(43) driver's lurged vehicle from the F-sturged vehicle of the victim E(43) driver's lurged vehicle in front of the SM5 driver's vehicle, and due to its shock, hurged vehicle in the future and caused the backer of the G driver's HH lurg vehicle in the future.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

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

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. With respect to the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), imprisonment without prison labor shall be sentenced to imprisonment and a crime violating the Road Traffic Act shall be sentenced to one.

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