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(영문) 대구지방법원 서부지원 2018.07.18 2017고단3040
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

On October 20, 2017, the Defendant, while under the influence of alcohol content of 0.164% during blood transfusion, was driven by B New XD car, and led D gas station distance in Daegu-gu, Seogu, Daegu-gu, to proceed to the four distance away from the four distances of death.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a vehicle passing through the intersection by reducing the speed of the person engaged in driving service, and to prevent the accident by driving safely according to the traffic signals.

그럼에도 불구하고 피고인은 이를 게을리 한 채 양방향 좌회전 신호에 직진한 과실로 반대방향에서 신호에 따라 좌회전하던 피해자 E(61 세) 운전의 F 쏘나타 택시의 앞 범퍼 부분을 피고인 운전의 승용차 뒷 범퍼 부분으로 충격하여 위 택시가 뒤로 튕기면서 뒤따라 진행하던 피해자 G(47 세) 운전의 H 모 하비 승용차의 앞 범퍼 부분을 위 택시의 뒷 범퍼 부분으로 충격하게 하였다.

The Defendant, due to such occupational negligence, suffered injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the victim G, with respect to the climatic and tensions requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Selection of imprisonment without prison labor;

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