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(영문) 대구지방법원 2017.10.12 2017고단2615

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 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 of B Poter cargo vehicles.

On April 22, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content 0.165 percent from blood transfusion around 23:00, along with two-lanes from the Daegu bank to the Yongcheon-do bank.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by securing the necessary distance to avoid collision with the vehicle in front, by examining well the right and the right and the right of the vehicle in front.

Nevertheless, the Defendant: (a) committed a mistake in the course of stopping in the signal atmosphere from the bend to the bend to the bend to the end; (b) concealed the car into the above cargo lane; and (c) led the HM5 car of the victim G(60) who stopped in the front to the end; and (d) again, shacked the victim I(52 years old) who stopped in the front of the vehicle.

As a result, the Defendant sustained injury to the victim K(3) of the said SM5 car that requires approximately two weeks’ medical treatment, such as ‘multi-satisfying and satisfying,' and ‘satisfying and satisfying,’ which requires approximately two weeks’ medical treatment to the said G, and suffered injury, such as ‘satisfying and satfying,’ which requires approximately two weeks’ treatment to the said G, including ‘satfying and satfying,’ which requires approximately two weeks’ treatment to the victims of the said SM5 car (57 years old) who were on board.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis;

1. Inquiries into the results of crackdown on driving alcohol, making a statement on the circumstances of the driver under the influence of alcohol, conducting surveys on actual condition, conducting field photographs, and applying Acts and subordinate statutes to reporting on investigation (victim G statements);

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts