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(영문) 대구지방법원 서부지원 2019.02.20 2018고단2816
교통사고처리특례법위반(치상)등
Text

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

1. Around 06:10 on October 6, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.074%, driving a fenz car at approximately 200 meters from the front of a restaurant in the Seodaemun-gu Seoul Metropolitan Government B to the front road located in the Daegu Western-gu D.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a Fenz car.

The Defendant, while under the influence of alcohol concentration of 0.074% at the time and time set forth in the preceding paragraph, driven the said car and proceeded ahead of the road in Daegu-gu D with approximately 30 through 40 kilometers at the speed from the merchants' four-distance flood to the monthly four-distance flood.

At the time, since it was difficult for the driver to take a large level of off the surface, there was a duty of care to safely drive the steering and steering by accurately manipulating the steering and steering gear.

Nevertheless, the Defendant, while being drunk, neglected to do so and stopped in the same direction as it was, was found to have been driving by the victim G(the age of 46) who stopped in the front of the broom in the same direction, and then received the part of the Defendant’s boom as the upper right part of the passenger car.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, scam and scaminal scam which require approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report, a traffic accident actual survey report, and an accident site photograph;

1. Report on the state of drinking drivers, statement on the state of standing, and statement on the result of drinking control;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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