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(영문) 대구지방법원 김천지원 2018.05.17 2018고단148
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2009, the Defendant was issued a summary order of one million won or more due to a violation of the Road Traffic Act by the Daegu District Court on the violation of the Road Traffic Act, and a fine of five million won or more due to a violation of the Road Traffic Act at the Daegu District Court on July 14, 2017.

On January 12, 2018, the Defendant driven a D horse with D horse with alcohol content of about 0.086% while under the influence of alcohol at approximately 2km from the section of approximately 10.086% in front of the Gu, Si, Si, Gu, Si, si, Gu, Si, Gu, Si, si, and Gu.

2. On January 12, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car with the horse set forth in paragraph 1 at the end of paragraph 1 at the time of the Gu-U.S. and led C ahead of the road located in Gu-U.S. City B to the rooftop-dong-dong-dong-dong-dong-dong-dong-style-style-style-off

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to secure a distance from the preceding vehicle to avoid sudden stop or slowly drive the motor vehicle and prevent the accident by safely driving the motor vehicle.

Nevertheless, as stated in Paragraph 1, the Defendant neglected the driver's license while under the influence of alcohol and did not leave the front side properly, and caused injury to the victim, such as the dynas, dynasium and tension, which was driven by the victim E, who was under the influence of a vehicle in the front of the horse, due to negligence in the course of duty and did not leave the front side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. Vehicle photographs, traffic accident reports (on-site survey reports), on-site photographs, and diagnostic reports (E);

1. The driver's license ledger and the driver's license shall be revoked.

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