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(영문) 대구지방법원 경주지원 2020.04.14 2019고단747

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2016, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a Bco or a car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On October 18, 2019, the Defendant was under the influence of 0.132% of blood alcohol concentration at around 22:30 on October 18, 2019, while driving the above c or passenger car, and driving the three-lane road in front of the C apartment at the Plsan, along three-lanes from the direction of Ulsan to the racing.

At the same time, there was a three-distance intersection where signal lights are installed, so in such a case, there was a duty of care to look at the traffic flow to the person engaged in driving of the motor vehicle well and to prevent the accident by operating the steering gear accurately and safely.

Nevertheless, the Defendant neglected this and failed to accurately operate the brake system while under the influence of alcohol, due to occupational negligence, and due to which the Defendant was unable to accurately operate the brake system, and the part of the victim D(38 years of age) who was under the influence of traffic at the victim D(38 years of age) where the Defendant was under the influence of traffic in the front of the vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. of the shoulderline, which requires approximately two weeks of medical treatment, and the injury to the victim F, who was on the said turbed vehicle, to the victim F, who was on the said turd vehicle, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a B nose or a car under the influence of alcohol with a blood alcohol concentration of 0.132% at the section of about 3 km from the front of H located in the north-gu Seoul Metropolitan City, Ulsan-si to the place like the above 1.3km.

Accordingly, the defendant is under the Road Traffic Act.