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(영문) 대구지방법원 2017.10.26 2017고단4837
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

1. On July 15, 2017, the Defendant violated the Road Traffic Act (drinking) driven a Cropsing vehicle with approximately 0.145% alcohol concentration in the section of approximately 1km from the Do in front of an influent restaurant located in Daegu-gu, to the Southern-gu, Daegu-gu., the Defendant driven a Cropsing vehicle under the influence of alcohol with approximately 0.145% in alcohol content.

2. The Defendant is a person who is engaged in driving a car in the Ireland.

On July 15, 2017, the Defendant, while under the influence of alcohol, as described in paragraph 1 of around 19:40 around 19:40, driven the said maid vehicle, and driven the two-lane road in front of Daegu-gu, Nam-gu, Seoul, at a distance of about 30km from the direction to the fourth distance from the direction.

At the time, the defendant was followed by the EM520 car driven by the victim D (n, 51 years old) who is driving in the same direction, and thus, the person engaged in the driving of the motor vehicle had a duty of care to look well about the situation, and to secure a safe distance to avoid when the motor vehicle stops.

Nevertheless, the Defendant, while under the influence of alcohol, left a vehicle with due fault while driving the vehicle, was driven by the back part of the above SM 520 vehicle driving by the Defendant. The Defendant was driven by the front part of the SM 520 vehicle.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D with brain-dead in the two open medical treatment for about seven days, and suffered injury on the victim FF (V, 67 years old) who was boarding the said SM520 car with approximately ten days of medical treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 148-2. of the Road Traffic Act concerning facts constituting an offense;

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