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(영문) 대구지방법원 서부지원 2019.08.14 2019고단951
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a person who is engaged in driving a vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On February 4, 2019, the Defendant driven the above vehicle under the influence of alcohol level of 0.098% on blood alcohol level around 19:10, and proceeded with the national highways of 30 times in the gender principle on the south of the Gung-gun in the Gung-gun. On the south of Korea, the Defendant was driving along the two-lanes of the three-lane roads in the Gung-Eup Myeon.

At the time, there was a bus prior to the driving direction, so that a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while under the influence of alcohol, and there was a duty of care to safely drive the front door and the right and the right and the right and the right and the right and the right and the prevent the accident.

Nevertheless, the defendant neglected this and got the front part of the vehicle operated by the defendant while driving the D bus driven by the victim C due to negligence.

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

2. On February 4, 2019, the Defendant was under the influence of alcohol of 0.098% by blood alcohol concentration at around 19:10, the Defendant driven the B Poter vehicle at the section of approximately 1.5 km from the Defendant’s domicile in Gyeong-gun, Sung-gun, Gyeong-gun to the national highways of approximately 30 meters in the gender principle on the south of the Gyeong-gun, Gyeong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Reporting on the occurrence of a traffic accident, reporting on the traffic accident, field photographs, and black stuff photographs;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the occupation of an occupational injury and the choice of imprisonment without prison labor), and Act on December 24, 2018 of the former Road Traffic Act.

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