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(영문) 대구지방법원 서부지원 2018.04.18 2017고단2196
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for 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. On August 25, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol level of about 3 km from the section of approximately 0.126% of alcohol level to the road front of the CN-distance in front of a mutual influent restaurant located in the compensation for the mutual in Daegu Seo-gu Government Bond, Seo-gu, Daegu at around 23:58; and (b) drive a motor vehicle under the influence of alcohol level of about 0.126%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said low-speed car at the time and place specified in paragraph 1, and driven the said high-speed car at a speed of about 60 to 70km per hour depending on three lanes from the current Ne-distance Protection Area to CN-distance Protection Area in Daegu Seo-gu.

In this case, there was a duty of care to prevent accidents by putting a person engaged in driving of a motor vehicle on the front side and left side and safely operating the brake and steering gear accurately.

Nevertheless, as described in paragraph 1, the Defendant was negligent in driving under the influence of alcohol and neglecting the above duty of care, and thus, was found to have been placed in front of the Defendant’s vehicle in front of the front direction of the Defendant’s proceeding. The part concerning the back of the Defendant’s Fulna Vehicle E (V, 50 years old) driving, which was stopped for the signal waiting at the front direction of the Defendant’s proceeding.

Ultimately, the Defendant suffered injury to the victim, such as two-day injury requiring treatment between about 15 days of occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of the traffic accident, and Doshed the actual condition of the traffic accident; and

1. Statement report on the circumstances of the driver who is to take the driving at home, investigation report (report on the circumstances of the driver who takes the driving at home), notification on the results of crackdown on the driving of drinking, and inquiry about the results of crackdown on the driving of drinking;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 of the Road Traffic Act concerning criminal facts.

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