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(영문) 대구지방법원포항지원 2020.11.18 2020고단1324
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving B rocketing or other automobiles.

On August 19, 2020, the Defendant driven the said car while under the influence of alcohol 0.139% in the direction of “D pharmacy” located in Nam-gu, Nam-gu, Seoul at port on August 19, 2020, while driving the said car at the influence of alcohol 0.139%.

At the night and where there are three-distance crossings, in such cases, the driver has a duty of care to safely drive the steering staff by driving along the right edge of the road, and by accurately manipulating the steering direction and the operation of the steering gear in accordance with the right edge of the road.

Nevertheless, the Defendant neglected to do so and was negligent in the course of duties leading up to speed pedal pedal instead of the Poet, and was driven by the Defendant’s victim H (Nam, 44 years old) who was making a stop of the Defendant’s rocketing and other automobiles from the direction of F elementary school to Gentsing, and was driven by the Defendant’s vehicle at the left side of the said rocketing car.

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

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driven the said rocketing car under the influence of alcohol concentration of approximately 0.139% at a distance of about 200 meters from the Do in front of the Kart located in the south-guJ at the port of port to the front of the D Pharmacy located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A report on the occurrence of a traffic accident, a field photograph of accident, a report on a traffic accident, a report on actual condition survey report, notification on the results of the crackdown on drinking driving, and a report on the actual statement of

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

1. The injury caused by the relevant law and the choice of punishment against the crime: Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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