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(영문) 대구지방법원 경주지원 2021.03.17 2020고단836

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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 history] On July 25, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Daegu District Court racing support. On September 17, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic laws.

[Criminal facts]

1. Although Defendant 1 violated the Road Traffic Act (driving) had the record of violating the provision prohibiting driving of drinking as above, Defendant 2 driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the driver’s service of cutting down the CPoter’s early spokes.

On September 18, 2020, the Defendant driven the above cargo while under the influence of 0.071% alcohol during blood alcohol during the influence of around 10:10 on September 18, 2020, and continued to turn to the left at a speed of about 30 km at the speed of about 30 km from the offside to the hill of 368-4 at the time of racing.

Since there is a three-distance intersection where signal lights are installed, the driver had a duty of care to safely drive the steering in accordance with the signals by reducing the speed and properly manipulating the steering gear and brake system before and after the driving.

Nevertheless, even if the Defendant neglected to turn to the left while under the influence of alcohol and did not permit the left turn, the Defendant was negligent in failing to turn to the left, in violation of the signal, and received the right side part of the victim D (the male, the age of 52) driven by the victim D (the male, the age of 52) operating on the front side of the Estststren car in line with the Defendant’s moving direction.

Ultimately, the Defendant is above.