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(영문) 대구지방법원 포항지원 2018.11.08 2018고단985
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. On July 17, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driven by a two-ton cargo vehicle with alcohol concentration of 0.175% during blood transfusion on July 15, 2018, and operated the two-way road in front of the road for common use in the south-gu 116 L/C, Nam-gu, the Southern-gu Seoul Metropolitan Government, which is one of the 116 L/C owners at port.

A person engaged in driving of a motor vehicle has a duty of care to check the safety of course and safely drive the motor vehicle to prevent an accident by safely driving the motor vehicle.

Nevertheless, by negligence, while under the influence of alcohol, the Defendant was negligent in neglecting it and proceeding well, and the Defendant got again to load a f1 ton cargo of the victim E (28 years old) driving at the front direction of the Defendant’s driving of the victim C(34 years old) who stops in the signal transmission atmosphere, and got the Defendant to have a f1 ton cargo of the victim E (28 years old) driving under the influence of alcohol.

Ultimately, the Defendant suffered from the victim C’s injury such as salt, tension, etc. in the part where it is necessary to provide treatment for about 10 days by occupational negligence as above, and injury to the victim E, such as salt dynasium, tension, etc. for about 2 weeks in need of medical treatment.

2. The Defendant, while under the influence of alcohol level of 0.175% among the blood alcohol level at the time of the day specified in the above paragraph 1, was driving the said B-type truck at the section of about 20km in front of the road to the 116-lane, Changpo-dong, Changpo-dong, Changpo-dong, Chungcheongnam-gu, the 36-ro, Changpo-dong, Changpo-dong, Changpo-dong, the 201-ro, Changpo-dong, the 116-ro, Changpo-gu, Nampo-gu, and the 116-ro, Changpo-dong, Seopo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and the register of driver's licenses (A);

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

1. Facts constituting the crime by negligence in the line of duty:

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