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(영문) 대구지방법원 김천지원 2017.05.11 2016고단1732
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 18, 2016, the Defendant driven the above vehicle at around 16:50 on September 18, 2016, and driven the front road D in the Gu and America along the two lanes between the Gu and the Gu and the Gu. In such a case, the Defendant had a duty of care to prevent accidents in advance by accurately manipulating the front and rear left and right of the vehicle and the steering gear.

Nevertheless, the Defendant, while driving a vehicle under the influence of alcohol concentration of 0.074% in blood, neglected to do so and proceeded at the same lane as the Defendant, and was in progress at the same lane as the Defendant, and was parked in the signal atmosphere, received the back part of the Gsch Rex car driven by the Victim F. (F., 36 years old).

Ultimately, the Defendant by such occupational negligence caused the victim F and F, and the victim H (the 9-year-old) who was on board a passenger car, to suffer approximately two weeks of injury to the victim I (the 5-year-old) who is on board the same vehicle, such as chlouds that require approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol at approximately 0.074% of alcohol concentration in blood at approximately 2km section from the front of a mutual influence restaurant in the Gu/Si/Gu, Si, Si, Si, Si, Gu, Si, Si, Gu, and Gu, to the front of E in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident investigation report and an accident scene photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquire into the circumstantial records of drivers under driving alcohol and the results of crackdown on drinking driving;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (each of them).

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