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(영문) 대구지방법원 서부지원 2020.01.31 2019고단1692
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 04:10 on May 19, 2019, the Defendant, while under the influence of alcohol of 0.132% in blood alcohol level on the roads adjacent to Daegu-gu B, Daegu-gu, Daegu-gu, he/she driven a horse-type car with approximately 10 meters in volume.

2. The defendant shall drive a car at the horse in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 19, 2019, the Defendant driven the said car under the influence of alcohol level of 0.132% at the three-lane in front of Daegu-gu B, Daegu-gu on May 19, 2019, starting from the bus stop, coming to the snife of the bus stop, and coming to the snife from the right edge on the opposite side of the irregular stop, and changed the bus lane into one lane.

At the same time, there was a vehicle in progress on the first and second lanes, so there was a duty of care to maintain a certain distance so as not to obstruct the traffic of other vehicles, and to operate the steering and brakes accurately so that the vehicle owner has a duty of care to safely change the lanes.

Nevertheless, due to the negligence that the Defendant neglected this and neglected to enter the two and three lanes, and entered the two and three lanes immediately, the Defendant received the front part of the victim DNA driving, which normally proceeds along one lane from the sloping parallel to the sloping parallel, from the port side of the Defendant’s car.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as damage to the adjacent land and power lines of a shoulder that requires approximately six weeks of medical treatment, injury such as a mouth of a string that requires approximately seven weeks of medical treatment to the victim F who is the above taxi passenger, and injury to the victim G who was accompanied by the Defendant’s car by approximately three weeks of medical treatment to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. The actual condition survey report;

1. Report on the statement of the situation of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to cut booms and photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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