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(영문) 대전지방법원 천안지원 2017.04.20 2017고단154
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Poter freight vehicles.

On October 22, 2016, at around 12:50, the Defendant proceeded at the speed of the Sinsan-si, Asan-si, Masan-si, e-si, the front of the apartment complex, from the room of the new construction site of the apartment, to the slope of the Asan-si, Masan-si, Asan-si.

At that time, the signal, etc. is located in a sub-section, so the driver had the duty of care to reduce the speed to the person engaged in driving, and when there are other vehicles already entering the intersection, the driver had the duty of care to safely drive by yield the course to the vehicle.

Nevertheless, the Defendant neglected to do so and did not regard the victim C(36 tax) driving that first entered the intersection from the left side of the moving direction to the right side while under the influence of alcohol, and did not enter the intersection as it is, and received the above part of the right side of the damaged vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from an injury to the victim C, such as catum fat, etc. in need of approximately 2 weeks of treatment by occupational negligence, and suffered injury to the victim E (V, 33 years of age) who was aboard the victim’s vehicle, such as catum catum, tension, etc. requiring approximately 2 weeks of treatment, and suffered injury to the victim F (V, 2 years of age) by suffering from an injury, such as catum cat, etc. requiring approximately 2 weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were driven by the Defendant under the influence of alcohol with about 1km alcohol concentration of 0.082% without the driver’s license in the section of about 1km from the area of the e-mail apartment located in the new-dong of Asia-si in Busan Metropolitan City to the front distance of the e-mail apartment in the Asia-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Investigation report (C telephone investigation);

1. Each letter of diagnosis;

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