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(영문) 대구지방법원 서부지원 2018.07.04 2017고단2912

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2017, the Defendant driving B car with alcohol content of 0.217% in blood, while under the influence of alcohol content at around 19:45 on May 28, 2017, and led to turn to the left at an insular speed from the front road of the Daegu-Ulled Zone C to the lower 201 lower bank.

Since there is no signal signal, there was a duty of care to reduce the speed and accurately operate the steering system and brakes of the vehicle, and to prevent the accident by emphasizing the right and the right of the front side.

Nevertheless, the Defendant’s negligence while under the influence of alcohol led to the Defendant’s fault in front of the left-hand part of the Defendant’s vehicle, which was driven by the victim D(In this case, 57 years old) who was driven by the Defendant’s vehicle in front of the left-hand part of the Defendant’s vehicle, from the front side of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as salt, tensions, etc., on the part of the victim F (the 52 years old), who is the passenger of the damaged vehicle, on the part of the victim F (the 52 years old), on the part of the victim F (the 52 years old), on the part of the victim who is the seater of the damaged vehicle, and on the part of the victim G (the 31 year old), on the part of the passenger of the damaged vehicle, on the part of the cirr, on the part of the cirratum in need of approximately three weeks of medical treatment, and escaped without immediately stopping the damaged vehicle to the 4,362,697 won, and without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. An accident scene photograph;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2 subparag. 1 and Article 44 of the Road Traffic Act concerning the crime.