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(영문) 대구지방법원 안동지원 2017.09.15 2017고단366
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On June 10, 2011, the Defendant was sentenced to five years of imprisonment with prison labor for the commission of injury at the Daegu District Court, and the execution of the sentence was completed at the Daegu Prison on February 4, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle B case (K) 5.

On May 5, 2017, the Defendant, while under the influence of alcohol level of 0.193% during the blood transfusion, was forced from the Pacific Ocean to the elementary school of the West at the same time while he was under the influence of alcohol level 0.193%.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, due to the negligence of neglecting it under the influence of alcohol, the victim C(35) who was in the atmosphere of the signal signal at the opposite lane was driven by the Defendant as the front part of the left-hand part of the car driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, inflicted injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and at the same time, damaged the Defendant’s repair cost of 2,950,000 won, such as the exchange of a string door with a driver’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the results of regulating drinking driving, a report on the situation of the driver at drinking, a medical certificate, a written estimate, and an inquiry about the results of regulating drinking driving;

1. Records of judgment: Inquiries about criminal history, response to inquiries about criminal history, reports on investigation (prior convictions), and application of statutes on attached data;

1. Relevant legal provisions concerning criminal facts, the choice of a punishment, and the occupation of an occupational and practical injury: Driving under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act:

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