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(영문) 대구지방법원 김천지원 2018.04.25 2018고단28
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1.5 million on September 14, 2006, and a fine of KRW 1.5 million on December 12, 2008, respectively, by this court, due to a violation of the Road Traffic Act.

1. The Defendant is a person who drives a vehicle BM5 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On December 27, 2017, the Defendant, around 03:20 on December 27, 2017, had the front road of the Gu-U.S. High School in the Gu-U.S.-U.S. High School in the four-distance Do-U.S. High School.

In such cases, a driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering direction and the brake system, to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol level 0.083% in blood, the Defendant proceeds as is while driving at the two-lanes in the direction of the Defendant, and received a panion back to the left side of the DK5 passenger vehicle driven by the victim C (19 years old) (19 years old) driving on the two-lanes in the direction of the Defendant.

Ultimately, the Defendant suffered from the injury, such as salt, tension, etc., in need of approximately two weeks of treatment to the victim C and the victim E (19 years of age) who is the passenger of the victimized vehicle due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol level of about 0.083% from the 3km section from the day set forth in paragraph (1) to the front road of the Gu-U.S. High School located in the same city-dong from the Gu-Si, Si-S., Si-si, Si-si, Si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition and an accident scene photograph;

1. Report on the circumstances of the driver involved in driving and investigation report, and inquiry into the results of crackdown on the driving of drinking;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

1. Relevant legal provisions concerning criminal facts;

A. Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.

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