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(영문) 대구지방법원 경주지원 2018.02.01 2017고단776
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving motor vehicles B and III;

On October 8, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.134% among blood transfusions on October 14:40, 2017, and was driving on the two-lane road in front C in front of the race, from the culphal distance to the beam, in the speed of vision, two lanes.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by properly operating steering steering devices and brakes well-being the traffic situation on the front side and right side and right side.

Nevertheless, the Defendant neglected to do so and negligently driven at the front side of the Defendant’s vehicle while under the influence of alcohol, and thereby, got off the back part of the victim D(41) driving, which was going through at the rear side of the Defendant’s vehicle, the lower part of the back part of the Defendant’s driver’s vehicle was the front right part of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim D, such as salt, tensions, etc., in which treatment for about two weeks is required, on the part of the victim F (2 years old), and on the part of the victim F (2 years old) who was on board the victim's driver's vehicle, the Defendant suffered from the injury of chills, tensions, etc. in need of treatment for about two weeks, and on the part of the same victim G (36 years old) the injury of chills, tensions, etc. in need of treatment for about three weeks.

2. On October 8, 2017, the Defendant, in violation of the Road Traffic Act (drinking), driven a B-wing-III cargo vehicle while under the influence of alcohol content of about 0.134% from the 3km section of around 14:40 on October 8, 2017 to the front day of the racing-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident occurrence report, a survey report on actual condition, a field photograph, a notification of the results of the crackdown on drinking driving, a statement of the circumstances of the driver under driving, and the control of drinking driving.

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