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(영문) 대구지방법원 2017.09.21 2017고단4025
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 a K5-car.

On July 7, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.167% from blood transfusion around 02:53, and driven the said car along the two-lane road from the border bank in Daegu Si, Daegu.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant, under the influence of alcohol, neglected to stop along the signal signal at the front of the Victim E (40) driving, followed the F Karen car in the front of the said K5 vehicle, and opened the front of the said K5 vehicle, which was loaded at the lower end of the said K5 vehicle due to the corresponding impact, and opened the vehicle into the front side of the victim G (V, 32 years old) driving, which was driven by the Gyeongdog from the front side of the Daegu City to the Gyeongdog in the middle city, and led to the front side of the Hag-ri vehicle of the victim G (V, 32 years old) driving.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as a tension in the chest part of the chest tension that requires approximately two weeks of treatment, and injury to the victim I (the victim G and the victim I (the 23 years old), who was on the sponsed vehicle of the victim G and the sponsor, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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