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(영문) 대구지방법원 서부지원 2018.05.02 2017고단2260
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

The Defendant is a person engaging in driving a car BM520.

On August 17, 2017, the Defendant driven the said car under the influence of alcohol content of 0.177% in blood around 01:00, and led the D convenience store located in Daegu Western-gu C to the four-lanes of the five-lanes of death at the fourth distance.

In such cases, a person engaged in driving service has a duty of care to properly see the front section and the right and the right and the right, to accurately operate the steering direction and the system, and to prevent accidents by safely driving along the lane.

Nevertheless, the Defendant neglected this and proceeded up to five lanes on the front side by negligence, and neglected to conduct the front side week at the five-lanes in the front side of the road, and received a part of the lower part of the lower part of the F Kafa car driven by the victim E(31) of the F Kafa car driven by the victim E(31) who was temporarily stopped to leave the said convenience store.

Ultimately, the Defendant caused the above victims and the victims G (V, 38 years of age) who joined a car with the said victim due to the above occupational negligence, to suffer from the injury of fluoral salt, etc. requiring two weeks of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

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

1. Notification of the results of regulating driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating driving of drinking;

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

1. Article 3(1) and the proviso to Article 3(2) 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; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

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

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Imprisonment without prison labor or a heavier punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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