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(영문) 대구지방법원 서부지원 2018.08.22 2018고단387
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:40 on January 20, 2018, the Defendant was driving a B-learning car under the influence of alcohol content of approximately 0.151% from the section of approximately 3km to the front road of an apartment apartment in the village of about 137 in the same Gu, from a university of the same name-based college located in the new town-dong, Seogu, Daegu-gu, Daegu-gu. to the same line.

2. The Defendant violated the Act of the Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the frighting car under the influence of alcohol as stated in paragraph (1) at the time of the day set forth in paragraph (1), leading to the road of four-lanes in front of the 137-lane apartment village located in Daegu Seo-gu, Seogu, Seog-gu, which was located in the front of the 137-lane apartment complex, along the two-lanes in front of the mountain underground vehicular road.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely while driving the motor vehicle on the front side and the right side without operating the motor vehicle with the opposite line beyond the center line.

Nevertheless, the Defendant, while driving while under the influence of alcohol without neglecting this, conflicts with the part adjacent to the left-hand part of the Defendant’s car driving of the victim C(23 ) driving, which was normally straight at the right-hand side of the running direction of the Defendant, while driving in excess of the median line, with the front-hand part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as diversous salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a traffic accident report, and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts.

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