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(영문) 대구지방법원 포항지원 2021.03.16 2021고단41

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 17, 2018, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Port Support on July 17, 2018.

1. The Defendant is a person who is engaged in driving a vehicle B K7 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 23, 2020, the Defendant, while under the influence of alcohol level of 00:00 on alcohol level of 0.153%, was driven by the Defendant, who was parked on the side side roadside parking lot in the north-gu, Mapo-gu, Mapo-si, Mapo-si, and proceeded to the two sides of the passenger ship terminal room from the side of the passenger ship terminal.

At the same time, there are two lanes narrow roads and parking spaces on the road. In such cases, a person engaged in driving of a motor vehicle is not required to drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents by driving the motor vehicle safely by driving the motor vehicle, such as taking the front side and the right side well and operating the steering system accurately.

Nevertheless, the Defendant neglected to do so while driving in the same direction and did not discover the EK7 car of the victim D (Seoul, 55 years old) who was driving in the same direction, and did not change the vehicle into a one-lane, and received the part of the back-hand part of the damaged vehicle to the front part of the Defendant.

Defendant 1 suffered injury to the victim D, such as salt, tension, etc., requiring treatment for up to two days due to such occupational negligence, and injury to the victim F, who is the passenger of the victimized vehicle, to approximately three weeks of age, including the injury of sugars, etc., which requires treatment for about 2 days, respectively.

2. The Defendant is under the influence of alcohol leveling 0.153% of blood alcohol level at a distance of about 3 meters from the 2nd-dong community service center in the front of the north-gu C road at the time and at the time of the same time as the statement in paragraph 1 at the time.