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(영문) 대구지방법원 경주지원 2017.09.27 2017고단347
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of a motor vehicle with lurburged vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On April 19, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% in blood at around 13:30, while driving the said car, and led to two-lanes between the two-lanes from the northwest-gu Seoul Metropolitan City, Ulsan Metropolitan City to the intersection of the name line of 23:2 degrees in the northwest-gu, Ulsan Metropolitan City.

Since there is a cross-section where signal lights are installed, in such a case, the driver of the motor vehicle has a duty of care to live well on the front side and the left side, and to prevent the accident by driving safely according to the traffic signals in advance.

Nevertheless, the Defendant received the front part of the Defendant’s car at the right edge of the victim C(44 ) and C(3) with the rear wheel part of the Defendant’s vehicle, which was left left at the right edge from the direction of the maw in the direction of the mast, when the vehicle’s moving signal was negligent in disregarding that the vehicle’s moving signal is a red light.

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. Around 13:30 on April 19, 2017, the Defendant driven a balp-hurged vehicle under the influence of alcohol content of approximately 0.137% at a distance of about 20km from around the Geum-hurc company, which is located in the Geum-hurcian Modem, to the Han-hurc Intersection as stated in paragraph (1) 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, a traffic accident report, a survey report on actual condition, field photographs, a report on detection of a driver of a primary driving, inquiry into the results of crackdown on drinking driving, a statement of the circumstances of a driver of a primary driving, and the application

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) concerning facts constituting an offense, and Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents

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