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(영문) 대구지방법원 김천지원 2020.03.26 2019고단1619

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

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 power] On March 5, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on July 12, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】

The defendant is a person who is engaged in the duty of driving B car free car.

1. On November 10, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said vehicle under the influence of alcohol concentration of 0.138% on the front of the Gu, Si, Gu, Si, Gu, Si, Seoul, while driving the said vehicle under the influence of alcohol concentration of 0.138% on the roads of Gu, and led the Defendant to bypass

In such cases, there was a duty of care to prevent accidents in advance by properly operating steering gear and brakes with a person engaged in driving of a motor vehicle well, and by properly manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and failed to properly operate the steering gear on the right side and the right side and the right side of the victim F(21 years old) driving, who was in the right side of the victim F(21 years old), was placed in front of the driver of the car in question, due to the negligence that the Defendant neglected to operate the steering gear on the right side and right side.

Ultimately, the Defendant suffered injury to a victim due to the above occupational negligence by causing the victim to suffer injury, such as brain, which does not have two or more wifes in need of open medical treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol by 0.138% from a section of about 150 meters from the front of the H building at the time of the temporary border to the front road of the same city C at the time.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Judgment.