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(영문) 대구지방법원 안동지원 2019.06.11 2019고단77
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On December 21, 2018, the Defendant proceeded from the moment of permanent residence to C Apartments, one lane out of the third line road of the 3rd line of the Gai-si, the Gai-dong of the Gai-dong of the 21:40 permanent residence.

In this case, the driver of the vehicle has a duty of care to live well on the front side, maintain the safety distance with the vehicle ahead, and accurately manipulate the operation and steering gear to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, thereby causing bodily injury to the Defendant, such as the victim D (the 56-year-old driver)’s epiced part of the Epiced passenger vehicle in front of the front part, which requires approximately three weeks of medical treatment, and tensions, and the victim F (the 43-year-old driver’s age), who was accompanied by the damaged vehicle, and the victim G (the 43-year-old driver’s age), respectively, in need of approximately two weeks of medical treatment.

Ultimately, the Defendant caused the injury to the victims by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) driving the car as referred to in paragraph (1) in the state of being drunk with the blood alcohol concentration of about 00 meters from the front of a restaurant where it is impossible to identify the trade name on the fireworks movables when permanent residence is temporarily set forth in paragraph (1) to the place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Report on the occurrence of a traffic accident, statement on the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, inspection report on actual condition, and application of Acts and subordinate statutes to each medical certificate;

1. Relevant legal provisions concerning criminal facts: The point of driving under the influence of alcohol by occupational negligence: Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (to select imprisonment without prison labor after applying the following commercial concurrence): Road Traffic Act.

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