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(영문) 대구지방법원 2016.10.27 2016고단3892

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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

"2016 Highest 3892"

1. Around 22:30 on July 22, 2016, the Defendant driven B car with blood alcohol concentration of about 0.203% in the section of about 3km from the direction of the hydro-gu hydro-gu hydro-gu Suwon-gu, Daegu-si to the direction of the Young-gu, Sinsan-si road.

2. The Defendant is a person who is engaged in driving a B car free shop in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The Defendant driven the above vehicle while under the influence of alcohol at the time and place specified in paragraph (1), as stated in paragraph (1), and led to the direction from the direction of the forestry station to the Yong-Nam University.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as keeping a safe distance to avoid a stop of the said vehicle, inasmuch as the Defendant had followed the DES5 car driven by the victim C (the age of 33) in the same direction. Thus, the Defendant had a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle, who is well aware of the situation; and

Nevertheless, the Defendant neglected this and suspended the said IM5 car according to the stop signal, but was negligent in driving the said IM5 car behind the Defendant’s driving.

As a result, the Defendant suffered, by negligence, the injury to the above C, such as obsesses, tensions, etc. requiring approximately two weeks of medical treatment, and the injury to the victim E (V, 31 years of age), who was on board the above C’s vehicle, for about two weeks of medical treatment.

The Defendant, around 00:50 on August 6, 2016, 2016, was under the influence of 0.166% of blood alcohol level in the section of about 5km up to the road front of the Daegu Seo-gu and the Yaeong-gu, Daegu-gu, and the Yaki-si, the Seogu, the Seogu, Daegu-gu, and the Gaki-si.