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(영문) 대구지방법원 상주지원 2018.11.13 2018고단178
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. On May 2, 2018, the Defendant: (a) driven a truck truck under the influence of alcohol level of approximately 0.097% from the 13km section to the front road of a bus terminal located in the Soyang-dong at the time of permanent stay on May 2, 2018 to the annual salary in the same city’s annual salary in the same time from the front road; and (b) the Defendant driven a truck truck under the influence of alcohol level of about 0.097% from the 13km section.

2. The Defendant is a person who is engaged in driving a Bmer truck truck truck vehicle.

On May 2, 2018, at around 01:50, the Defendant, while under the influence of alcohol, driven the above cargo, and was in the front of the annual salary intersection in the document other than the annual salary 394-9 at the time of permanent stay, and was in the front of the road at the time of permanent stay, from the beginning of the city to the front of the border.

Since there are many national highways where vehicle traffic is frequent, a person engaged in driving service has a duty of care to maintain safety distance and to prevent accidents by driving safely.

Nevertheless, the Defendant neglected to do so and brought the back part of the victim C(W, 36 years old) driving DK3 car prior to the same direction due to negligence, which led to the collision with the front part of the said cargo vehicle.

Defendant 1 suffered injury to the victim, such as knenee, knee, and tension in the part of knee and knee in need of approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

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

1. A medical certificate;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the investigation report (No. 5 No. 5 of the evidence list);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 3 and 44 (1) of the same Act concerning facts constituting an offense (the point of drinking, and the point of drinking);

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