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(영문) 대구지방법원 2018.07.12 2018고단2045
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 2, 2018, the Defendant was under the influence of alcohol 0.186% at the section of approximately 3km from the previous Do of the Gu office to the front of the Daegu-dong-gu, Daegu-gu, the Defendant was under the influence of alcohol on May 23, 2018.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a motor vehicle with soflurged vehicle C.

On May 2, 2018, the Defendant driven the said car while under the influence of alcohol content of 0.186% during blood transfusion 0.23:23, and continued the front road in front of Daegu Dong-gu, Daegu-gu, into the air station of MBC from the East-gu.

In this case, there was a duty of care to prevent accidents by properly manipulating the front, rear, and left and right of the driver and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant was negligent in neglecting the remaining while under the influence of alcohol and was driven by the victim D(64 ) who was under the influence of stopping in order to board customers on the front day of the car driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking alcohol and the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational injury, the selection of imprisonment without prison labor) concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act:

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