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(영문) 대구지방법원 2018.07.11 2018고단1977
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 B B B B B B B BB car.

On April 12, 2018, the Defendant driven the said car under the influence of alcohol level of 0.132% among blood transfusion around 04:09, and driven the two-lane road of Dropical distance C in Gyeongsan City and driven the two-lane road from the e-distance off off the negative flow distance to the negative flow complex.

At the time, since it is an intersection where a signal is installed at night, the driver of the motor vehicle has a duty of care to safely drive the steering side of the motor vehicle and the steering gear by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and proceeded with the victim E (42) by his negligence, brought the part behind the right part of the above Tbluri vehicle into the front part of the right part of the vehicle at the above Tbluri. The Defendant was parked with the left part of the vehicle at the above Hal Pluri due to the shock.

F is the right part of the F-owned passenger car.

Ultimately, the Defendant suffered from the injury of the victim, such as the pipe and human salt, tension, etc. of the part of the pipe and the part of the scarcity in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of a sentence, imprisonment without prison labor and imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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