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(영문) 대구지방법원 안동지원 2018.09.07 2018고단358
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 who is engaged in driving of a DNA passenger car in C.

On May 19, 2018, the Defendant driven the above mar while under the influence of alcohol level of 0.185% among the blood transfusion leveled on May 21, 2018, and continued to turn to the left from the surface of the front 2 Jeju apartment room at the front 2nd 2nd ec.

Since there is a road with a center line of yellow solid lines, a person engaged in driving service has a duty of care to safely turn to the left while complying with the designated lane.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded with the center line by the negligence, received the part adjacent to the left-hand side of the victim D(70 cc) new bus driving, which was parked in the opposite opposite lane, from the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

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

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a victim's D diagnosis certificate), investigation reports (Attachment of a certificate of subscription to automobile insurance and written estimate);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of, and the selection of imprisonment without prison labor) concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the selection of imprisonment with prison labor);

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing (Scope of recommended punishment) and general traffic accidents;

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