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(영문) 대구지방법원 김천지원 2020.01.08 2019고단1045

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment for a term of one year and six 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

The Defendant received a summary order of KRW 100,000,000,000 from the Daegu District Court Kimcheon Branch on January 7, 2010 and September 30, 2015, respectively, as a crime of violation of the Road Traffic Act (driving).

The defendant is a person who drives B cargo vehicles.

1. On August 6, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said cargo while under the influence of alcohol level of 0.083% on blood alcohol level, and driving the said cargo on the two-lane road in front of Kimcheon-si Kimcheon-si with the two-lane road in front of Kimcheon-si Kimcheon-do.

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

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (hereinafter referred to as 64 years old) who was under the opposite part due to the fault and negligence of entering the zone where entry is prohibited, and was driven by the victim D (hereinafter referred to as the “victim”) as the front part of the cargo vehicle.

In the end, the Defendant suffered from the above occupational negligence the cage of a single fage, other than the cage of a single fage, which requires approximately four weeks of medical treatment.

2. The Defendant was driving the above cargo under the influence of alcohol level of 0.083% at the same time and at the same place as paragraph (1) of this Article.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. A medical certificate;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without

(b) Drinking: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.