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(영문) 대구지방법원 2018.12.20 2018고단4980
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B K5 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 27, 2018, the Defendant driven the above vehicle at around 04:40 on October 27, 2018, and proceeded with the 59-ro Doo-ri-ri 59 Doo-ri-ri-ri from the Gamancheon-si to the west apartment door.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking the front side and the left side well, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and proceeded with the 0.05% or more of alcohol while under the influence of alcohol in the blood, due to negligence in the state of being drunk, the Defendant was going to a mountain slope from study on the part of the old-gu Insular Ocean.

C Driving received the front part of the rocketing taxi from the defendant's left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim E (V, 19 years of age) who is the passenger of the victimized vehicle due to the foregoing occupational negligence, for approximately three weeks of medical treatment, and for the victim F (V, 20 years of age) suffering injury, such as cerebral dys, requiring approximately three weeks of medical treatment.

2. The Defendant, while under the influence of alcohol leveling to not less than 0.05% of the alcohol level during the blood transfusion of the above day, driven the above 500-meter K5 car from the front of the Korean-style Korean-style Chinese-style Chinese-style Korean-style Chinese-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving) of the same Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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