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(영문) 대구지방법원상주지원 2020.12.02 2020고단276
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

Around 22:00 on July 1, 2020, the Defendant, while residing in a drunken state with a blood alcohol content of 0.059%, was driving the said vehicle directly by driving the said vehicle on the front road at C, which was located in the surface of the Gatop tunnel, located in the surface of the west-do in the same city.

Since there was a road bended by the central line, a person engaged in driving of a motor vehicle has a duty of care to check the traffic situation of the front side of the direction and the right side of the motor vehicle, to ensure the safety of the motor vehicle, and to prevent the accident by driving the motor vehicle on a specified lane.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, went beyond the central line, conflict with the part on the left-hand part of the victim D (ma, 53 years old) driving, who was in the vicinity of the west-west-side, and was in the top-hand part of the cargo vehicle in front of the said vehicle.

After all, the Defendant suffered, by such occupational negligence, the salt ties and tensions, etc. in need of approximately two weeks’ medical treatment to the victim D (Nam, 53 years of age), and the victim F (n, 65 years of age) who was on board the said car with approximately nine weeks’ medical treatment, such as the mouths, closures, etc. at the bottom of all the booms, and the victim G (ma, 64 years of age) of the same passenger, for approximately six weeks’ medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (driving) in the section of approximately 1.9km from the front of the “I” to the “K” located in H at the temporary border as set forth in paragraph (1) of this Article, the Defendant driven a chip taxi in the section of approximately 1.9km from the front of the said “K” to the front of the said “K” road, while driving a chip taxi in the state of under the influence of alcohol of about 0.059% from the section of about 40km to the front of the said “K” road.

Summary of Evidence

1. The defendant's legal statements G, M, and D respectively.

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