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(영문) 대구지방법원 포항지원 2020.02.19 2019고단1681
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 engaged in driving a motor vehicle with B A-Wurd-

On November 24, 2019, at around 02:40, the Defendant driven the said car with a blood alcohol concentration of 0.232% 0.2%, while driving it, the Defendant driven the said car in the direction of cooling the direction from the direction of the E apartment to the south-gu C at the port of port.

A driver of a motor vehicle has a duty of care to drive the motor vehicle in a safe manner by thoroughly operating the steering time and accurately operating the steering and steering devices.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Victim F (Age 52) who was driven by the Victim F (Age 52) who was driven by the Defendant at the front of the running direction of the Defendant at the time when he was negligent in driving the vehicle in front of the Defendant’s car.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to sugar et al., which had no room for three weeks open to the above victim F in need of medical treatment, and the injury to the victim H (33 years old) who was the passenger of the above taxi, to whom approximately two weeks of medical treatment is required.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time of the temporary border as prescribed in paragraph (1) of this Article, the Defendant was driving a vehicle of 2 Abro-durged with a blood alcohol concentration of about 0.232% from the section of approximately 300 meters to the place as prescribed in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the F;

1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, and actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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