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(영문) 대구지방법원 2019.06.19 2019고단366
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 of the final judgment.

Reasons

Punishment of the crime

On November 7, 2018, the Defendant driven a vehicle B K7 with a blood alcohol level of 0.151% 0.1%, while under the influence of alcohol around 00:01, and continued to drive a vehicle BK7 at a point of about 36.6km away from the Gancheon-si, Chungcheongnam-si, Chungcheongnamcheon-do.

Since the place has a limited speed of 100km, in such a case, there was a duty of care to observe the restricted speed and accurately manipulate the steering gear and brakes to prevent accidents.

Nevertheless, the Defendant neglected to drive alcohol and proceeded with a limited speed of more than 100km, thereby changing the course from the front two lanes of the running direction of the Defendant to the one-lane of the victim C(23 years old) driving that the Defendant was driving at the front of the running direction of the Defendant into the front side of the Defendant’s vehicle, and led the victim E(53 years old) driving car driving along the two-lane ahead of the Defendant’s driving direction to be turned over the front side of the Defendant vehicle.

Ultimately, the Defendant, by such negligence, suffered injury to the victim C, such as sugar in which there is no open space in two weeks of treatment, from the victim G (V, 23 years of age) who was on board the said SPP car, a chest fright in need of treatment for about 4 weeks, for the victim E, a light fluoral and fluoral base requiring treatment for about 2 weeks of treatment, and for the victim H (V, 47 years of age) who was on board the CP car, a light fluoral and fluoral base requiring treatment for about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in I, C, and E;

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

1. The report on the statement of the status of the driver, the report on the request for appraisal, and the report on the appraisal of blood alcohol;

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