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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1120
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

1. Around 01:55 on July 3, 2017, the Defendant driven a B rocketing car under the influence of alcohol content of about 50km from the 50km section to the Maart-distance Intersection located in the Et. 65-ro, Kimcheon-si.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B rocketing car.

The defendant operated the above car at the time of the day set forth in paragraph 1, and led to the intersection of the Maart distance, which is located in 65 Kimcheon-si, to the right intersection from Kimcheon-si to the right intersection.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by making a person engaged in driving service to live well before, after and after the signal lights, to accurately operate the brakes, and to safely drive the brakes in accordance with the signals.

Nevertheless, due to negligence, the defendant neglected this, and received the front part of the victim C (19 years old) who was at the left turn from the opposite part of the vehicle driving by the defendant in front of the above vehicle and was driving by the victim C (19 years old) who was at the left left pursuant to the new subparagraph.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks’ medical treatment due to the above occupational negligence, and injury to the victim E (19 years old) who was accompanied by the said car to the victim E (19 years old) who was accompanied by approximately four weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident, a written statement of a driver who takes driving, inquiry of the results of crackdown on drinking and a survey report on actual condition;

1. Investigation report (Submission of a medical certificate), investigation report (Attachment to the signal apparatus register and CCTV images);

1. Application of statutes on site photographs;

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

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