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(영문) 대구지방법원 김천지원 2018.04.26 2017고단1960
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 16, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a motor vehicle Epicing from D negative distance located in Gumi-si, Gumi-si, Sinsi on December 11:19, 201, while under the influence of alcohol of 0.139% during blood, and led the vehicle to the right bypass from the old and American terminal room at the gold market.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and received the full right side side side side of the Victim F (W, 30 years old)'s Gpoter car in accordance with the old U.S. F (W, 30 years old) in the front side of the Defendant's car in accordance with the new No. Do-U.S. No. 4444, May 1, 2004.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium and tension, which require approximately two weeks of medical treatment due to occupational negligence as above.

2. On August 20, 2008, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking) in the Daegu District Court Kimcheon Branch, and on March 21, 2013, the same court was sentenced to imprisonment for the same crime, for eight months, and for two years of suspension of execution. However, the Defendant driven a motor vehicle under the influence of alcohol level of approximately 0.139% from the entrance of the Si/Gu and Si/Gu in the section of about 200 meters from the day to the accident place as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs, on-site surveys, and photographs, and diagnostic reports (F);

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a written judgment, etc.);

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

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