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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2767
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On August 25, 2018, at around 00:07, the Defendant driven the said vehicle under the influence of alcohol of 0.218%, and led D front roads in Daegu Seo-gu C to turn to the left right at about 40km per hour from the upstream of the monthly basin to the front circulation.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and proceeded with the above D door as the front part of the passenger car.

Ultimately, the Defendant suffered injury to the victim E (ma, 42 years of age), victim F (13 years of age), and victim G (E) who were divingd at the time while living in the above D 2 floor due to the above occupational negligence, respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a vehicle B in the section B from approximately 1 km to D road located in the same Gu C from the front of a cafeteria located in the Seogu Seo-gu, Seogu, Daegu-gu, under the influence of alcohol concentration of 0.218% at the time and time stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the circumstances of a drinking driver, and report on the results of the drinking control;

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

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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