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(영문) 대구지방법원 2020.12.09 2020고단3081
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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 is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person engaged in driving a BTS125S motorcycle;

On January 31, 2020, the Defendant, while under the influence of alcohol at 03:45% of blood alcohol concentration, driven the above-wheeled vehicle with the two-wheeled vehicle and proceeded along the five-lane road in front of the land of the Mangyeong-gu, Daegu Suwon-gu, which is located in 248, along the two-lanes, along the one-lane distance from the direction of the Hegyeong-gu.

At the time, it was at night, and there was five-lanes, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes under the influence of alcohol and safely operating them.

Nevertheless, under the influence of alcohol, the defendant neglected it and caused the victim C ( South and 18 years of age) who was accompanied by the above-wheeled vehicle driving by the defendant's driver's vehicle in the center of the left-hand side of the running direction of the defendant to go beyond the opposite lane of the vehicle in which the defendant is driving.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as the right one-half weeks of the need for medical treatment.

2. The Defendant was driving a two-wheeled vehicle as described in paragraph (1) while under the influence of alcohol at the section of about about 4.4 km from the section of about 0.198% of alcohol level on the road near Daegu-gu, Daegu-gu, and the road specified in paragraph (1) to the road specified in paragraph (1).

Summary of Evidence

1. Report on the occurrence of a traffic accident involving the Defendant’s legal statement C, report on the occurrence of a traffic accident, report on the scene of the accident, investigation report on the actual condition of drinking driving control (blood collection appraisal result), investigation report (written appraisal of blood alcohol concentration), and report on internal investigation as well as the diagnosis report on the investigation (written appraisal of blood alcohol concentration), the application of the law

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