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(영문) 대구지방법원 2018.05.17 2018고단956

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

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

1. On February 15, 2018, the Defendant: (a) driven the said car at the 1km section before the Gyeongsan Central Hospital, located in Samsung-ro 373, in front of the Gyeongsan Central Hospital, under the influence of alcohol content of 0.140% in blood at around 18:40, the Defendant driven the said car at the 1km section in front of the Gyeongsan Central Hospital, which is located in Samsung-ro 373.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car while under the influence of alcohol on the above day, and led the road front of the Gyeongsan Central Hospital to proceed to the mastro high-priced vehicular road from the upstream distance.

Before the same direction, the victim C(48 tax) driven by the victim C(48 tax) was followed by the last passenger car, so the person engaged in driving service was well aware of the situation, and there was a duty of care to secure and proceed the safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant neglected this and neglected it and received the back portion of the first passenger vehicle as the front part of the said new passenger vehicle due to the negligence of driving the vehicle under the influence of alcohol.

Ultimately, Defendant 1’s occupational negligence inflicted injury on the victim C, with no head open in order to treat the victim C for about two weeks, and suffered injury to the victim E (V, 47 years old) who was on board the front car in New C, with approximately two weeks of medical treatment. In addition, Defendant 1 suffered injury to the brain-dead, etc. without head open in order to provide approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.