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(영문) 대구지방법원 서부지원 2018.08.22 2017고단3175
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a bareboat cargo vehicle in C Costaex 6.

On September 11, 2017, the Defendant driven the above cargo vehicle while under the influence of alcohol 0.064% from the blood alcohol level around 10:40 on September 11, 2017, and led to the two-lane road in front of the sewage terminal treatment site located in the Ganbuk-gun, Mangsan-do, Mangsan-do, Mangsan-do.

It is a road that frequently passes through agricultural machinery such as a horse. At the time, the passage of the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and it was difficult to reduce length, so a person engaged in driving duty has a duty of care to accurately operate the steering door and brakes accurately, and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol, was able to find and avoid this late, the victim D (71 S) who was driving ahead of the same direction. However, the Defendant was able to avoid it. However, the Defendant did not avoid it and was able to receive the cargo loaded in front of the said cargo vehicle.

Ultimately, Defendant 1 suffered injury to the victim, such as the escape of the prosecution, which requires approximately 12 weeks of medical treatment by negligence in the course of business as above.

2. The Defendant violated the Road Traffic Act (breathing) driving of Cone Star 6 Tracex, while under the influence of alcohol 0.064% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the same Act concerning criminal facts, and the Criminal Act.

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