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(영문) 대구지방법원 포항지원 2020.06.17 2020고단419

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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On March 8, 2012, the Defendant was issued a summary order of KRW 3.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around April 22:25, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a motor vehicle in a certain section of about 12 km from the road front of the Cpenta in South-gu, Nam-gu, Chungcheongnam-do to the same front road of the same Gu, and driving a motor vehicle in a certain section of about 12 km with a blood alcohol concentration of 0.118% at least twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car in the E-PP area.

On April 4, 2020, at around 22:25, the Defendant driven the said car with a blood alcohol concentration of 0.118% 0.18%, and led to the flow of blue ginseng distance of 6045, which is located at the south-gu east-gu, South-gu, west-gu, west-gu, west-do, to the ebbbb from the west-do.

At night and at the front of the defendant's driving direction, the victim F (n, 39 years old)'s G SP car was stopped due to the signal signal atmosphere, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident by accurately manipulating, steering and operating the steering system, and to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting to do so, and the part of the car in front of the car in the given SPP site was behind the above SPP car.

Ultimately, the Defendant suffered, by its occupational negligence, the injury of the victim F, such as knee knee knee kne knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee.

Summary of Evidence

1. Defendant's legal statement;

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