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(영문) 대구지방법원 김천지원 2017.07.11 2017고단117
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car B.

On July 4, 2016, the Defendant driven the said car under the influence of alcohol content of 0.12% among blood transfusions on July 4, 2016, and led the Defendant to drive the said car along the same alcohol content of 0.12% and drive the front road of ELD 4, 5, and 6 factories in the Gu, Si, Si, Gu, Si, Si, Gu, and Gu, along the three-lanes between the two-lanes.

At the time, at night, the low-cost road was sucked, and there was a traffic signal device on the front side, so in such a case, there was a duty of care to reduce the speed in advance in accordance with the traffic signals and to prevent the accident by safely driving on the front and rear side by safely examining the right and the right of the vehicle in advance.

Nevertheless, as above, the Defendant was negligent in driving the said car while under the influence of alcohol and driving it as it is, while neglecting it, and thereby making it difficult to do so, the part behind the Defendant’s vehicle was driven by the victim C (52 years old) who was parked in the signal atmosphere from the front side of the direction of the Defendant’s running.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as salt, tension, etc. of the bones of verte, which requires approximately 2 weeks of treatment, injury to the victim E (31 years of age) who is the son of the said taxi, and injury to the victim F (37 years of age) of the said passenger, such as cutting the body of satis, etc. of satis for about 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver taking driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. Each written diagnosis;

1. Application of accident scene photographs and statutes on site photographs;

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

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