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(영문) 대구지방법원 서부지원 2018.05.25 2017고단2192
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 29:02:38 on 2017, the Defendant driven a D-Wn-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the turfed car at the time and place set forth in paragraph 1, and led C hospital front of the Daegu Western-gu C Hospital, Seogu, to drive the turf car at a speed of about 50 to 60km per hour depending on three-lanes from the turfside of the month to the four-lane distance.

In this case, the driver of the motor vehicle has a duty of care to prevent the accident by properly operating the operation of the operation system and the steering gear of the motor vehicle.

Nevertheless, as described in paragraph 1, the Defendant was negligent in driving while under the influence of alcohol and neglecting the above duty of care, and was negligent in proceeding along with the Defendant’s driving at the front direction, and the part of the Defendant’s back part of the Defendant’s vehicle E (V, 59 years old) driving, which was under the influence of the signal waiting in the signal waiting direction, with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as light salt in need of approximately two weeks’ medical treatment from the victim E by occupational negligence as above, and the victim G (V, 60 years of age) who is the passenger of the damaged vehicle, for approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A report on the occurrence of a traffic accident and a report on actual investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Making teas;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts and the Selection of Punishment.

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