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(영문) 대구지방법원 서부지원 2019.01.16 2018고단2414

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for a year and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 17, 2018, the Defendant, while under the influence of alcohol on May 23:49, 2018, driven B Poter Cargo Vehicles from approximately five meters to park in the 16-7 Seo-gu Seo-gu Seo-gu Public Parking Lot, the blood alcohol concentration of 0.209%.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 17, 2018, around 23:49, the Defendant left the above cargo vehicle in the Seo-gu 30-7 Seo-gu, Seo-gu, Seo-gu, Daegu, 16-7, 30-7, and parked.

In such cases, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by giving an advanced signal and by checking the rear and left and right of the motor vehicle.

Nevertheless, the defendant neglected this and received the right hand hand hand, etc. of the victim C(the age of 66) who was guiding parking by negligence while driving the vehicle as the cargo loaded on the left side of the cargo vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as “an open room for the part in which details of loss and loss are unknown,” which requires approximately three weeks of medical treatment by occupational negligence as above.

3. While the Defendant in violation of the Road Traffic Act stops immediately and does not take measures, such as providing personal information, to the victim, etc., even though he/she received a part of the Defendant’s cargo vehicle E, which was parked in the latter at the time and place specified in paragraph (2), after taking the part of the Defendant’s cargo vehicle E in front of the vehicle owned by the victim E, and damaged the Defendant’s repair cost amounting to approximately KRW 1.2 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

1. Report on the occurrence of a traffic accident;

1. Report on the state of his/her standing and statement, and investigation report (demark);

1. Investigation report (road screen pictures of suspect vehicles) and investigation report (parkingctv images);

1. Application of statutes on site photographs;

1. Relevant provisions concerning facts constituting an offense;