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(영문) 대구지방법원 서부지원 2018.05.21 2018고단541
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the first car in B.

On February 6, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.098% during blood transfusion 0.098%, and continued to drive the said car in front of the D store located in Daegu Seo-gu, Seogu, Seogu, at the four-distance away from the four-distance flood of the Ngu, Seogu, Daegu, at a speed of about 40km.

In such cases, a person engaged in driving service has a duty of care to drive with the driver without the influence of alcohol, to see the front door, and to normally operate steering devices and brakes.

Nevertheless, the Defendant neglected this and failed to operate the steering gear and brakes normally while under the influence of alcohol, and took the back franchisor of the Franchis cab driven by the victim E (62 tax) in the front direction of the Defendant’s running, using the front car, and due to its shock, caused the back franchisor of the Hachis cab driven by the victim G (V, 33 years old) who was driving on the same lane while the said small franchis cab was pushed in the future and stopped on the same lane.

Defendant 1 suffered, by such occupational negligence, approximately 2 weeks of injuries to the victim E, such as cryp finites and chinites that require approximately 2 weeks of treatment to the victim I (25 years of age) who was aboard the said cattle si, and the victim I (25 years of age) who was on board the said cattle si, with approximately 2 weeks of treatment to the victim G, and the right chinites that require approximately 2 weeks of treatment to the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries about the results of crackdown on driving alcohol and a circumstantial statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act.

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