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(영문) 대구지방법원서부지원 2020.12.24 2020고단1711
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 Bsch Rexroth car.

On March 28, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.09% 0.09% around 23:35, while driving the said car, and driving the road of six-lanes in front of the Daegu Seo-gu C Apartment from D on the side to Ucheon Intersection, from Jcheonnam-do.

At night, the Defendant had been in the opposite line, and the Defendant had been in the opposite line, so there was a duty of care to accurately operate the steering gear and brakes for those engaged in the automobile driving business, and to safely drive the vehicle in the opposite line by examining the progress of the vehicle in detail.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded on the offline of the E (E, South, 49 years old) driving with the negligence of the U.S., also received the front part of the E (E, 49 years old) driving from the front part of the sports cargo vehicle as the front part of the Defendant’s passenger vehicle.

As a result, the Defendant suffered injury to the victim G (Nam and 37 years of age) who is the chief Easter of the damaged vehicle due to occupational negligence as above, for about three weeks of medical treatment, such as brain-dead sugar, etc., which does not have any open two bodies requiring medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Any report on the occurrence of a traffic accident, a report on actual condition, a report on the circumstantial statement of a drinking driver, and an inquiry into the results of the crackdown on drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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