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(영문) 대구지방법원 서부지원 2019.05.14 2018고단1470
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is driving a Grand Co., Ltd.

1. On March 12, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol 02:01% of blood alcohol concentration, and continued to proceed to the intersection of Daegu-gun apartment C apartment in front of the Magsan-gun apartment at the distance of Magsan-do.

Since there are an intersection where signal lights are installed on the front side, the driver of a motor vehicle has a duty of care to reduce the speed and to check whether there is a vehicle entering the intersection, and to ensure that the driver has a duty of care to keep the signal well and prevent the accident in advance.

Nevertheless, by neglecting this, the Defendant was negligent by entering the red signal at the intersection in contravention of the signal, and the part of the victim E-work F rocketingly, which proceeds to the right side from the left side of the direction of the Defendant’s proceeding, was carried out as the front part of the Defendant’s operation.

After all, the Defendant suffered, by such occupational negligence as above, the injury to the victim E, such as the mouth of the floor, which requires approximately 12 weeks of medical treatment, and the injury to the victim G, who is the passenger of the damaged vehicle, such as an external injury with no open room for about 12 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle of the said B, while under the influence of alcohol of about 2 km from the first road located at H in Daegu-gun, to the front intersection of the apartment apartment of the Daegu-gun, the Defendant driven the said B, under the influence of alcohol level of about 0.101%, from the first road located at H in Daegu-gun, to the front intersection of the apartment of the said C

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the statement of the situation of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes to medical opinions and medical certificates;

1. Article 3(1), the proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the Road Traffic Act concerning criminal facts.

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