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(영문) 대구지방법원 김천지원 2017.07.06 2017고단369
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

1. The defendant is a person who is engaged in driving a Crane car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.108% from blood transfusion around 20:40 on February 28, 2017, and continued the front of the road D in Gumisisisi Island from the additional surface of the road.

At the same time, there is an intersection, and the preceding vehicle stops in accordance with the signals of the intersection, so that the driver has a duty of care to thoroughly operate the steering service at the front of the intersection, and there was a duty of care to regulate the speed in advance while accurately operating the steering and brakes.

Nevertheless, the Defendant was negligent in neglecting it and received the back portion of the GM5 car of the victim F(F, 22 years old) driving in order to wait for the signal as the front part of the said franchise-low vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

2. On August 31, 201, the Defendant violated the Road Traffic Act (drinking) in the Daegu District Court Kimcheon Branch of the Daegu District Court rendered a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking), and on June 15, 2012, the same court issued a fine of KRW 1,50,000 as an identical crime and issued a two-time charge of violating Article 44(1) of the Road Traffic Act, despite the fact that the Defendant had been on the part of approximately 200 meters of alcohol concentration in blood in the section of approximately 00 meters from the day before and after the day of the preceding paragraph to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. An accident scene photograph and a survey report on actual conditions;

1. Medical certificate (F);

1. Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the records of drinking driving) statute;

1. Criminal facts;

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