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(영문) 대구지방법원 2017.05.18 2017고단1252

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] The Defendant is a person with at least twice the experience of driving alcohol, such as receiving a summary order of KRW 1,500,000 for a fine of KRW 1,500 for a crime of violating road traffic laws in the Seo-gu District Court Branch of the Daegu District Court on February 11, 2008, and a fine of KRW 3 million for a crime of violating road traffic laws in the Seo-gu District Court Branch of the Daegu District Court on February 14, 201.

[Criminal facts] The Defendant is a person who is engaged in the duty of driving a Grand Car in Ireland.

On January 29, 2017, the Defendant driven the said passenger vehicle under the influence of alcohol content of 0.124% among the blood transfusion around 06:26, while driving the said passenger vehicle under the influence of alcohol content of 0.124%, and Yong-Nam continued into the airspace of Yong-gu Nam-gu C, Nam-gu, the intersection of the four-distance intersection from the south-gu, Nam-gu, the south-gu,

At that time, the intersection was installed with signal apparatus, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signal apparatus's instruction and prevent the accident in advance.

Nevertheless, the Defendant neglected to enter the intersection in yellow F(68) with due care, caused the victim’s body f(68 years) who walked on a crosswalk while driving the d driving E, which is driven by signal apparatus’s instructions, by neglecting to drive it, with a four-distance sprink in the four-distance sprink in the Young-gu Hospital. This led to the victim’s f(68 years) who walked on the crosswalk, while the sprinking on the crosswalk was falling off due to the sprinking of vehicles.

As a result, the Defendant suffered from the foregoing occupational negligence that caused approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. One copy of a medical certificate and a detailed statement of medical treatment;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2(1)1 and Article 44(1) of the Traffic Act concerning criminal facts of the relevant Act and Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.