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(영문) 대구지방법원 2016.12.01 2016고단3965
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle B.

On July 14, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.148% without obtaining a driver’s license on July 14, 2016, and continued to drive the said vehicle under the influence of alcohol of 0.148% at a speed of about 30 to 40 km from the high-speed bank of the Daegu Natural Science High School, which is located in 3180 as the galth of the Daegu Water-gu Water-Related Month, to drive the said vehicle under the influence of alcohol.

Since the automobile signal, etc. has been red signal, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance and safely drive the brake system by operating it accurately in order to make it possible for the driver of the vehicle to live well with the signal and prevent the collision with other vehicles stopping on the front side.

Nevertheless, the Defendant neglected to perform his duty of care and led the victim C(the age of 39) who was in the atmosphere of the signal given to the Defendant’s vehicle before the Defendant’s vehicle was driven by the Defendant’s driver’s negligence, and the part concerning the back part of the DK5 vehicle was driven by the Defendant’s driver’s front part of the Ecuas vehicle. In other words, the said K5 vehicle was driven by the victim E(the age of 51) who was driven by the front driver due to its shock in the future.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as acute dump salt in need of approximately two weeks of medical treatment, the injury to the victim E and the victim G (the 50-year old-old-car) who was accompanied by the cump dump in need of approximately two weeks of medical treatment, and the injury to the cump dump dump in need of approximately two weeks of medical treatment to the same H (the 45-year-old-car) who was accompanied by the cump dump, and the same I (the 52-year-old-car) who was accompanied by the cump dump in need of medical treatment for about two weeks of medical treatment.

2. Violation of the Road Traffic Act;

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