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(영문) 대구지방법원 서부지원 2018.10.31 2018고단841
교통사고처리특례법위반(치상)등
Text

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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On March 8, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (driving of alcohol) driven the above cargo vehicle while under the influence of alcohol of 0.083% during blood transfusion on March 8, 2018, and led the Defendant to drive the said cargo vehicle at a speed of about 20 kilometers from the telephone station at the seat of the Daegu Seo-gu community service center to a speed of about 10 kilometers from the telephone station.

In such cases, a person engaged in driving service has a duty of care to care in preventing accidents by accurately manipulating the steering and brakes well, and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and got the back part of the E F Poter's cargo vehicle parked on the right side of the above road as the front part of the Defendant's cargo vehicle, and got back the back part of the G-owned passenger vehicle parked in front of it while keeping the above cargo vehicle in front of it.

Ultimately, the Defendant caused the victim H (H) who was accompanied by the Defendant’s cargo vehicle due to the foregoing occupational negligence to suffer injury to the victim H (48) that requires approximately eight weeks of medical treatment, such as duplicating, suplicating, closing, etc.

2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) at the time and place set forth in the preceding port, and left the Defendant’s cargo vehicle without leaving it alone on the road as it is, even though the said damaged vehicle was destroyed to have an amount equivalent to KRW 1,90,000,000 for repairing the said damaged vehicle due to occupational negligence, such as the foregoing mentioned in the preceding port, and the said damaged vehicle was destroyed to have an amount equivalent to KRW 7,50,000,000 for repairing the said damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A report on the occurrence of a traffic accident, a survey report on actual condition, field photographs, etc.;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A medical certificate;

1. A report on investigation (a written estimate for damaged vehicles);

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