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(영문) 대구지방법원 2018.04.19 2018고단383
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles.

On October 1, 2017, the Defendant driven the above cargo while under the influence of 0.216% alcohol during blood alcohol during the influence of around 23:20 on Oct. 1, 2017, and proceeded to turn to the left from the right edge of the air defense disease school at the distance of 568-lane in the Daegu Water-gu Flag.

In such a case, the driver had a duty of care to live well before and after the vehicle driver and to prevent the accident by safely driving the vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and went to the left in contravention of the signal, and received the front part of the Estyna cab vehicle, which is driven by the victim D(50 ) who is driving the two-lanes of the five-lane road from the direction opposite to the moving direction of the vehicle of the Defendant at the time to the direction of the vehicle of the Defendant at the right edge of the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as knee bones, which requires approximately eight weeks of medical treatment, and injury to the victim F (25 years of age) who was on board the said taxi vehicle, such as fele fele fele felum, etc., requiring approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking) driving a Cpoter truck under the influence of alcohol content of approximately 0.216% at the section of about 2km from the front of the Defendant’s house located in Daegu Suwon-gu G to the front of the relevant accident site described in paragraph 1, the Daegu Suwon-gu, the Daegu-gu, the place of accident described in paragraph 1, to the front of the air protection area of about 568-lane 4 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. On-site Report (Investigation into Blue Images), CDs, and.

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