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(영문) 대구지방법원 서부지원 2019.10.29 2019고단1000
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for 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 a low-speed car B.

On January 10, 2019, at around 01:26, the Defendant driven the above vehicle while under the influence of alcohol of 0.180% of blood alcohol concentration, and led the Defendant to drive the said vehicle along the three-lane road in front of Daegu-gun C along the direction of the D School in the direction of the multi-regional zone.

Since the Defendant followed the victim E(the age of 35) driving a two-lane in the same direction, the Defendant had a duty of care to ensure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant neglected this and tried to change the vehicle line from the two-lanes to the one-lanes, while trying to proceed with the two-lanes, and received the part of the Defendant’s front-hand part of the passenger vehicle left side pentel.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of medical treatment, and the injury to the victim G (28 years of age) who is a passenger, such as salt pans, tensions, etc. in light of the quality of a shoulder that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on actual condition, an accident site photograph, notification of the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, a written medical certificate, and a medical certificate;

1. Application of Acts and subordinate statutes of the investigative report (No. 13,14)

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts;

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

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment;

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