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(영문) 대구지방법원 서부지원 2021.02.03 2020고단1910
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. On May 26, 2020, the Defendant driven a eMW 520d car under the influence of alcohol concentration of approximately 0.166% at the section of the D pharmacy located in Daegu-gu, Seogu, Daegu-gu, about 01:07, from the front side of the D pharmacy located in Daegu-gu, to the front side of the D pharmacy.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle with BMW 520D.

At the time stated in paragraph 1, the Defendant driven the foregoing vehicle while under the influence of alcohol, and led the four-lane distance in the transmission market from the station of the month to the active service at the speed of about 40 km from the center of the month to the intersection of the city.

At night, there was a motor vehicle waiting for signal at the front time, so in such a case, there was a duty of care to ensure the necessary distance to avoid the collision with the motor vehicle running ahead and to prevent accidents in advance, in the event that the motor vehicle traveling is stopped by the motor vehicle driving operator, the vehicle driving has the duty of care.

Nevertheless, the defendant neglected to do so under the influence of alcohol and proceeded ahead of it by negligence, and started after the signal waiting.

The back part of the GM7 car driven by F was received as the front part of the Defendant’s front part of the vehicle.

Ultimately, the Defendant sustained injury to the victim H (e.g., the 52 years old) who was on board the said vehicle driven by F due to the foregoing occupational negligence, such as a felon that requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (report on the situation of the driver in charge); and

1. A traffic accident report (1) (2) - The actual survey report;

1. Making a statement on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving (A), and inquiry of the results of crackdown on drinking driving;

1. Medical certificate (H);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148-2 (3) 2 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking) of the relevant Act;

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