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(영문) 대구지방법원 2018.12.07 2018고단4554

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Daegu District Court on January 16, 2008, the Defendant issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), on February 4, 2010, a summary order of KRW 2.5 million for a violation of road traffic law (drinking driving), and on October 14, 201, a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Daegu District Court on February 16, 2008, at the Daegu District Court on July 14, 201, the Defendant was punished twice or more for a violation of road traffic law (drinking driving).

The Defendant is a person who is engaged in driving of a motor vehicle B and C.

On September 14:35, 2018, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.20% in blood on the front side of D in Daegu Northern-gu C, Daegu-gu, and continued one lane between X-si and X-si.

Prior to the same direction at that time

Since the E-learning car was followed by the behind, there was a duty of care to ensure that a person engaged in driving service is thoroughly engaged in the front week and secure a safety distance that can avoid when the car is stopped.

Nevertheless, the Defendant, while neglecting the influence of alcohol, found it late to stop the above-learning passenger car due to the negligence of neglecting the previous week and driving the excessively close to the previous week, and was operated to avoid this, but the Defendant did not avoid it, and was able to drive the above-learning passenger car with the front driver of the car of the Defendant.

In the end, the Defendant suffered from an injury to the victim F (52) who is a driver of the above-learning passenger car due to the above occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A medical certificate;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Before judgment: