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(영문) 대구지방법원 2016.11.24 2016고단4358

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On June 9, 2010, the Defendant was notified of a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court. On April 27, 2007, the Defendant was notified of a fine of KRW 1 million for the same crime in the same court.

【Criminal Facts】

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On August 21, 2016, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, driving the said cargo under the influence of alcohol level of 0.110% on August 21, 2016, and driving the said cargo under the influence of alcohol level of 0.30% on August 21, 2016, and driving the said cargo in front of the roads in Daegu-gu, Daegu-gu, into the jurisdiction of the Heung Hospital distance.

At the time, the Defendant had a duty of care to safely operate the steering gear and operating the steering gear in a safe manner by keeping the safety distance so that a person engaged in driving service is well able to live together with the person engaged in driving service, and the person engaged in driving service has a duty of care to safely operate the steering gear and operating the steering gear.

Nevertheless, the Defendant did not find out the fact that the Defendant was under the influence of alcohol to stop the Victim E driving while driving, and did not proceed as it is, thereby, received the back part of the Victim E driving wheel as the front part of the Defendant’s driving freight.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as brain salvin, etc. requiring medical treatment for about two weeks, injury to the victim G (5 years of age) who is a brue passenger of the victim E driving vehicle, such as salvin sale and tensions requiring medical treatment for about three weeks, and injury to the victim H(57 years of age) who is the brue of the victim E driving brue for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. E statements;

1. Each written diagnosis;

1. A previous conviction in judgment: