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(영문) 대구지방법원 김천지원 2018.03.22 2017고단1781
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2017, the Defendant driven a D-wing truck with alcohol content of about 0.100% under the influence of alcohol at the section of approximately 1.2 km, from around the front of the Gumi City, to the front road located in the Gumi-si in front of the Gumi-si cafeteria, Gumi-si, Seoul around November 25, 2017.

2. On November 25, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a freight vehicle, such as paragraph (1) around 20:20 on November 25, 2017, and driven the road of the three-lane line C in front of the previous city B in Gumisisisi-si, along the three-lane radius of salary salke-distance from the salke distance flood.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system before and after school.

Nevertheless, the Defendant, like Paragraph 1, neglected to perform the duty of ex officio in the former while under the influence of alcohol, caused the injury to the victim E, by shocking about three weeks of light fK5 passenger cars driving ahead of the same lane due to the negligence in the course of duty, resulting in an injury to the victim E, which requires approximately three-day medical treatment, and the injury to the victim G, who is the passenger of the damaged vehicle, such as diversum dye, which requires approximately three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, photographs, de facto investigation report and photographs;

1. Statement report on the circumstances of the driver at a driving driving, inquiry into the results of crackdown on drinking driving, and investigation report (in the case);

1. Application of Acts and subordinate statutes (E, G);

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation of each business and negligence), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts (the occupation of drinking);

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

1. Crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment: Imprisonment without prison labor and crimes of violating the Road Traffic Act;

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