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(영문) 대구지방법원 김천지원 2018.04.05 2017고단1889
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

On September 17, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch on September 17, 2010, in the same court on September 30, 2013, a fine of KRW 3 million as the same crime, and KRW 5 million as a fine in the same court on December 26, 2013.

1. On November 21, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led a person engaged in driving a Bchip car to proceed from the original intersection of the original intersection with a 0.101% alcohol concentration in the blood while under the influence of alcohol at around 22:25 on November 21, 2017.

In such cases, a driver of a motor vehicle has a duty of care to safely operate the steering system by properly operating the steering room and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and stopped on the two-lanes of the victim E-driving, who stopped on the two-lanes of the same room, received the part behind the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Although the Defendant violated the Road Traffic Act (drinking driving) on more than two occasions, the Defendant driven a vehicle under the influence of alcohol with approximately 2k alcohol content 0.101% from the section of approximately 2km from the roads adjacent to the Shin-dong, Sin-si, Sin-si, Sin-si, Sin-si, to the front roads in Gunsi-si, Sinsi-si, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, on-site photograph of the accident, on-site survey report, on-site photograph of the accident, and medical certificate (E);

1. The circumstantial statement report and investigation report of the driver in charge, inquiry about the results of crackdown on drinking driving, criminal records and other inquiries, and investigation reports (the confirmation report of the same kind of force).

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