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(영문) 대구지방법원 2018.06.27 2018고단1107
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

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

On February 9, 2018, the Defendant driven the said car while under the influence of alcohol level of 0.108% from blood alcohol level around 18:55, and proceeded with the four-lane road in front of each 45-ro, Daegu Northern-gu, Daegu, according to each 0.108-lane, according to each 0.10-lane of the four-lane road in each 0.5-lane from each astronomical bank.

At the time, since it is night and a place where the passage of vehicles is frequent, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering right and the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and led the victim D(W, 59 years old) who was in the traffic signal atmosphere due to negligence, and led the victim E(W, 31 years old) to the front part of the passenger car, and caused the victim E(W, 31 years old) to have the front part of the passenger car.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as salt, tensions, etc. of a shoulder that requires approximately three weeks of medical treatment, and the victim E suffered from the injury, such as salt, tensions, and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of E and D;

1. Each written diagnosis;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

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

1. The selective penalty, imprisonment without prison labor and imprisonment, respectively;

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