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(영문) 대구지방법원 2017.08.10 2017고단2207

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

1. The Defendant is a person who is engaged in driving a DK5 vehicle.

On March 18, 2017, the Defendant, while under the influence of alcohol at around 17:30 on March 18, 2017, driven the said car and led the car to turn to the left at a speed of about 40km from the yellow water distance to the fourth distance from the yellow water market.

Since there is a place where traffic is controlled by signal, etc., it was not driven under the influence of alcohol by a person engaged in driving service, but has a duty of care to drive safely in accordance with the signals.

Nevertheless, due to the negligence of neglecting this, the Defendant committed a violation of and proceeding with the signal while under the influence of alcohol, and the Defendant was unable to detect and immediately avoid the F rocketing car of the victim E (25 tax) driving in accordance with the straight line from the fourth distance towards the yellow-distance distance. As such, the Defendant received the front part of the damaged vehicle with the rear part of the Defendant vehicle.

Ultimately, the Defendant, by such occupational negligence, suffered from the injury of the victim E, such as salt pans, tensions, etc. of a shoulder pipe that requires approximately two weeks of treatment, the injury of the victim G (V, 31 years of age) who is the fluor of the above damaged vehicle, the injury of the fluor’s salt pans and tensions, and the injury of the victim H (V, 29 years of age) in approximately three weeks of indictments in approximately three weeks of indictment (Evidence No. 47 of the evidence record). In addition, the Defendant suffered from the injury of the crus, tensions, etc. requiring treatment, and the injury of the victim I (the 32 years of age), such as the external shock of the cluoral signboard that requires approximately four weeks of treatment.

2. Defendant Defendant 1 violated the Road Traffic Act (DK5.) is under the influence of alcohol with approximately 500 meters alcohol content 0.117% from the front of the children's hall located in the Daegu Simgu Geum-dong in the above 1. paragraph (1) of the same Article to the old-gu gu Gumpo-dong from the front of the children's hall located in the same Gu.