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(영문) 대구지방법원 서부지원 2019.05.15 2018고단1820

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 29, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Young-gu District Court's Young-gu branch on January 29, 2010, and on August 17, 2012, the same court was sentenced to a fine of KRW 6 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) at least twice.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 19, 2018, the Defendant driven the above cargo vehicle at a speed that is impossible to identify the two-lanes of the two-lanes on the highway at a point of 223.4 km away from the permanent residence in the metropolitan area of the metropolitan area of the metropolitan area of the border.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, the Defendant neglected this and went to the state of drinking alcohol concentration of 0.119%, and went to the state of drinking in the same direction, and was driven by the victim C (the 50-year old-old-age) who was driving before the Defendant on the same direction, and suffered injury to the victim, such as cerebral le, which requires approximately two weeks of treatment for the cargo vehicle driving by the Defendant.

2. Around 22:00 on May 19, 2018, the Defendant driven the Poter Cargo with the blood alcohol concentration of about 0.119% from the 110km section to the place indicated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to each traffic accident in E and C;

1. The actual condition survey report and the master driver;