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(영문) 대구지방법원 서부지원 2019.05.23 2018고단3632

교통사고처리특례법위반(치상)등

Text

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

except that 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

[criminal power] On January 25, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 25, 2007, and a fine of one million and five hundred thousand won for the same crime at the same court on August 22, 2007.

【Criminal Facts】

On September 19, 2018, the Defendant driven a shower car while under the influence of alcohol 0.116% in blood alcohol concentration around 22:00, and continued the front road in front of the Daegu-gu C building from the tri-distance flood of the Western Elementary School at D University.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front left and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, driven the Defendant’s negligence while neglecting it, shocked the backer of the victim E(the age of 66)’s rocketing car at the front of the above vehicle into the fronter of the shower car. While the said rocketing car is being pushed in the future, the Defendant shocked the backer of the victim G(the age of 38) who is present at the front of the said vehicle while driving the said vehicle at the fronter of the said vehicle, and shocked the backer of the said Haton car at the victim G(the age of 38) who is in the atmosphere of the said vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, even though he had been punished twice or more due to drinking, while driving the motor vehicle under the influence of alcohol, and by negligence in the course of performing such duties as above, inflicted the injury on the victim I (the 32 years old), who is a passenger of the said rocketing motor vehicle, for about two weeks of medical treatment, such as the innate base and the tension for two weeks of medical treatment on the victim I (the 32 years old), suffered from the injury of the fluoral base in need of medical treatment for about two weeks of medical treatment on the part of the victim G, and suffered from the injury of the victim J, who is the passenger of the said Malaysia motor vehicle, such as the fluoral base for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. The actual condition survey report and the actual condition report of the driver;

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