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(영문) 대구지방법원 서부지원 2019.06.20 2018고단2756
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On September 19, 2018, the Defendant driven the above cargo vehicle on September 17:45, 2018, and proceeded at a speed that would not be known about 6-lanes from the side of the eegropial road to the direction of the Yongsan-gu, Daegu.

In this case, the driver has a duty of care to prevent accidents by safely driving the steering system, brakes, and other devices of the vehicle, and to prevent accidents by safely driving the driver.

Nevertheless, the suspect neglected this to proceed to the state of 0.143% of blood alcohol content in the main state of 0.143%, and received as the part of the back-hand part of the DNA passenger car driven by the victim C(36 years of age) who was waiting for the signal in the front direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., that requires approximately two weeks of treatment due to such occupational negligence.

2. On September 19, 2018, the Defendant driven the above cargo while under the influence of alcohol alcohol content of about 0.143% at the section of approximately 2.5km, from September 17:35, 201, up to 17:45, from the front day of the F, in Seogu-gu, Daegu-gu, Daegu-gu, to the Yongsan-gu, located in 1491, according to the same calendar, at approximately 17:45 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents, actual survey reports, reports on the results of the control of drinking driving, reports on the state of drinking driving, and reports on the results of the control of drinking driving;

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

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 (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”) and Article 268 of the Criminal Act (the point of occupational negligence and the choice of imprisonment without prison labor), and Article 1530 of the former Road Traffic Act as to March 27, 2018.

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