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(영문) 대구지방법원 2020.08.19 2020고단2247
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment against the defendant for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around February 23:25, 2020, the Defendant driving DYF station or other car under the influence of alcohol with a 0.086% alcohol concentration from the section of approximately 2km from the street before the trade incompact house in the border city B during the border city of North Korea to the C front of the road.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said YFHA car without mandatory insurance at the same date and at the same place as paragraph (1).

3. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaged in driving a DYF station or other car.

On February 4, 2020, the Defendant was under the influence of alcohol with 0.086% of blood alcohol concentration around 23:25, and was driving the said DYF vehicle, leading to the roads in front of the Gyeongbuk-si in Busan Metropolitan City, and proceeding from the Daegu Do to the Yongcheon-do. The Defendant was under the influence of alcohol concentration of 0.086%.

The location is where there is a sign that pedestrians can be seen as pedestrians, and there was a duty of care to prevent accidents in advance by driving safely in accordance with the order of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected it and did not cause pedestrian signal, and the front part of the FtRa, which was driven by the victim E(70 years old) who was on the Daegu-gu side in accordance with the straight line, was shocked with the front part of the FtRa car that was driven by the victim E(70 years old).

As a result, the Defendant suffered injury to the victim, such as cerebral cerebrs, which had no wife in the two open for about three weeks of medical treatment, due to the above occupational negligence, and at the same time damaged the victim's car to the extent that the 2,622,904 won of the repair cost of the victim's front pans, etc. were damaged.

Summary of Evidence

1. The defendant's written statement statement E, written diagnosis of the police's statement, written statement of the traffic accident occurrence of estimates, written investigation of the actual situation, on-site photograph, and black image.

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