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(영문) 대구지방법원 포항지원 2020.01.22 2019고단1448

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a term of one year and three months.

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 October 31, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-learning car.

1. On September 22, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol level of 0.070% on a blood alcohol level of 0.070% and proceeded at the speed of about 20 km per hour in the direction of a river basin in the south-gu at the port of port in the south-gu at the port of port. D’s front speed also led to the speed of about 20 km per hour in the direction of a river basin from the efficieni

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the steering gear and operation of steering gear in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the Defendant was able to receive the front qui and the pent part of the E driver’s car driving in front of the left-hand side of the E driver’s vehicle, which was driven in the opposite lane.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., of all species of light that require approximately two weeks of medical treatment to the victim G (at the age of 41) who was on board the said passenger car due to the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in paragraph (1) of this Article, driving a frighting car under the influence of alcohol leveling 0.070% from the 1km section to the place of accident set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reporting on the occurrence of a traffic accident, a report on actual condition investigation, and a report on investigation (limited to the analysis of black stay images);

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Previous convictions: Criminal records and investigation reports (Attachment of sound driving records) shall be applicable to the Acts and subordinate statutes;