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(영문) 대구지방법원 2017.11.23 2017고단5566

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 passenger car with B test column in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 31, 2017, the Defendant driven the above car at around 20:35, and changed the lane from D Hospital C located in the Gangseo-gu Seoul Metropolitan City to the four-lanes while driving along the road from the boundary of the new road to the border of the five-lane.

At the time, there were nights and rains, and thus, there was a duty of care to safely drive a driver without driving under the influence of alcohol for a person engaged in driving service, and as a result, whether another vehicle is proceeding on the vehicle to be changed.

Nevertheless, the Defendant neglected this and proceeded along four lanes due to the negligence of the Defendant’s failure, and did not regard the victim E (n.e., the 28-year-old driver’s turbed vehicle)’s turfed vehicle, and received part of the left part of the vehicle of the Defendant’s turfed vehicle as the front part of the right part of the vehicle.

As a result, the Defendant was on the part of the above occupational negligence to inflict injury on the victim E, such as cerebral typhy in need of approximately three weeks of medical treatment, and was on the part of Abdol-purg.

G (2) Around two weeks of medical treatment to G (3) suffered injury such as salt ties, tensions, etc.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant in B, under the influence of alcohol with approximately 0.157% alcohol concentration in blood, from the 3km section of approximately 3km to the roads of D hospital located in the same Gu, from the roads adjacent to the Sung-gu, Daegu Metropolitan City Den Park at the same time as Paragraph 1. of Article 1.1 to the roads of D hospital in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.