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(영문) 대구지방법원 김천지원 2017.12.05 2017고단1477
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 12, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon, and was sentenced to a fine of eight million won for the same crime, etc. at the Daegu District Court on June 12, 2014.

[Criminal facts]

1. Violation of the Special Act on the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle of lur XD AWD.

On September 4, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.172% in blood transfusion around 19:45 on September 4, 2017, and led the Defendant to drive the said vehicle along the influence of alcohol content of 0.172% in accordance with three-lanes in front of 457-3 in the Guni-si, Seoul Metropolitan City.

In this case, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, due to the negligence of being negligent in driving, the Defendant got the victim C (the age of 72) who dried the crosswalk on the right side from the left side of the Defendant's running in the red new line of the crosswalk, which was driven by the Defendant, to the front part of the car left by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven a B-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-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver in charge, and the control of drinking driving;

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