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(영문) 대구지방법원 2019.10.24 2019고단3980
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

1. Around July 21, 2019, the Defendant driven the said vehicle under the influence of alcohol by 0.059% in a section of about five kilometers from the front of the Gu-Si Si-U.S. to the front of the Gu-U.S. G.D. D. on July 6, 2019.

2. On July 6, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle while under the influence of alcohol by 0.059% of alcohol concentration in blood, and led to the flow of the said vehicle in front of the Gyeongbuk-gun in the front of the Gyeongbuk-gun in the Gu-U.S. In addition, the Defendant was driving the said vehicle on the 0.059% of the 0.05

A person engaged in driving service is prohibited from driving under the influence of alcohol, and is at night and at a place where the center line of yellow-ray is installed, so there was a duty of care to thoroughly see the front-time and safely drive the vehicle.

Nevertheless, the Defendant neglected this and, while driving under the influence of alcohol, went on the opposite vehicle due to the negligence of driving the central line while breathing, conflict with the front part of the Fmath drive of the victim E(the age of 34) that was driven in the opposite vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. An order to attend a course;

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