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(영문) 대구지방법원 김천지원 2018.12.13 2018고단933
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 July 26, 2018, the Defendant violated the Road Traffic Act (drinking driving) driven a vehicle of CAbro-purged with alcohol content of about 0.062% from the 3km section of the blood, to the front road of the Gu-Si, Gu-Si, Gu-Si, 43-gil, Gu-Si, Gu-si, 43-dong, Gu-Si, Gu-Si, and Gu-young 3rd apartment.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the above car at the time of the same day and drive the two-lanes of the three-lane apartment of the above annexed apartment at the speed of 50km per hour from the offside to the front side of the three-lane apartment.

Since the night and the vehicle waiting in the signal signal at the front is a stop, the driver had a duty of care to prevent the accident in advance by accurately operating the front, rear, and left and right of the vehicle without driving the vehicle in the situation where it is difficult to drive the vehicle normally due to the influence of drinking, and by operating the brake accurately and safely.

Nevertheless, due to negligence, the Defendant neglected to do so, received the part following the EM3 car driving by the victim D (W, 36 years old) who was waiting in the front part of the car driving by the Defendant at the front section of the car.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the above victims, the victim F (37 tax) who was on a passenger car, and the victim G (19 years old) who was on a nivers-packed car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. On-site photographs and a survey report on actual conditions;

1. Application of each written diagnosis (D, F, G) statute;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence) and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol);

1. The Commercial Concurrent Crimes Act.

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