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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2877
교통사고처리특례법위반(치상)등
Text

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

except that 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

[criminal record] On January 18, 2013, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on January 18, 2013, and on June 19, 2018, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court on February 19, 201 and was punished for a drunk driving on two occasions.

【Criminal Facts】

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

On July 24, 2018, the Defendant, without obtaining a driver's license on July 24, 2018, driven the said vehicle with a blood alcohol concentration of 0.102%, while driving it along the five-lane road in front of the Daegu Western-gu C along the four-lane direction before death, and driving the relevant vehicle along the five-lane direction in the four-lane direction before death.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and drive the steering and brakes accurately to prevent accidents in advance by safely operating them.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a U-turn as is, while driving a U-turn, and driving a victim D(W, 59 years old) driving in the direction of a four-distance death in the direction of the arm's length. The front part of the U.S. car was sent to the right side of the U.S. car.

After all, the Defendant suffered from the above occupational negligence that caused injury to the victim D, such as franchisium, which requires approximately 2 weeks of treatment to the victim F (the victim F (the 42 years old), who is the passenger of the car at this Do, due to the above occupational negligence, for approximately 7 weeks of treatment to the victim G (the franchise, the 31 years old) who is the passenger of the car at Dondo.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Investigation report (victim G telephone communications);

1. A report on the occurrence of a traffic accident, a report on actual condition, and a report on the circumstantial statement of a host driver;

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