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(영문) 대구지방법원 서부지원 2018.08.14 2018고단1100
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. On March 24, 2018, the Defendant driven B K5 vehicle under the influence of alcohol with approximately 0.115% alcohol level from the 5km section to the front road of the Broadcasting and Communications University, located in the Yongsan-gu, Daegu-gu, Daegu-gu, in the same direction as “a greater sprinking sprinking sprinking sprinking sprinking” on the same day, around 20:40 on the same day.

2. The Defendant is a person who is engaged in driving a vehicle B K5 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 24, 2018, the Defendant driven the said car under the influence of 0.115% alcohol while driving the said car at around 20:40, and 0.115% of alcohol level, and pushed the front of the “Korea Communications University”, which was located in the 24th, Seogu, Seogu, Seogu, Seogu, in the direction of the Singu, at the same post office, into two laness: (a) while driving the road at the Singu, Seog Cultural University along the speed of about 60km, the Defendant, while driving the said car at the Singu, the Defendant, who was under the influence of alcohol, did not stop at the front time due to an occupational negligence of the victim C (SP 41) who was under the influence of alcohol and stopped at the front time.

As a result, the Defendant suffered injury to the victim C, such as salt ties and tensions in need of approximately two weeks’ medical treatment, and salt ties and tensions in need of two weeks’ medical treatment, respectively, to the victim E who was on the said G70 car by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A fact-finding survey report, drug map at the scene of a traffic accident, and on-site photographs;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and 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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Crimes against the violation of traffic laws by option of punishment;

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