beta
(영문) 대구지방법원 포항지원 2020.01.30 2019고단1534

교통사고처리특례법위반(치상)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 26, 2008, the Defendant issued a summary order of KRW 1.5 million at the general military court of the Military Command of Korea on March 26, 2008 as a crime of violation of the Road Traffic Act, and the summary order of KRW 1.5 million on December 14, 2015 as a crime of violation of the Road Traffic Act at the Suwon District Court's Ansan Branch of the Suwon District Court of Korea.

【Criminal Facts】

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of the Grandroth.

On October 13, 2019, the Defendant was under the influence of alcohol of 07:20% of blood alcohol concentration of 0.170%, and the Defendant was under the influence of alcohol of 0.170% in the south-gu C at one-lanes of the five-lanes in front of the D in the south-gu at one-way port along the two-lanes of the two-lanes from the boundary of the square square to the square intersection.

Since the place is a private intersection, in such a case, there was a duty of care to accurately operate the steering gear and brake system and operate it safely while checking whether the vehicle in the front side stops according to the traffic flow.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the Defendant’s vehicle, while driving in the front section of the same lane as that of the Defendant’s vehicle, while driving in the front section of the Defendant’s vehicle in the same way as that of the Defendant’s vehicle and stopping in front of the victim E (59 years old) who was driving in front of the street intersection in accordance with the red color signals.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant, while under the influence of alcohol 0.170% at the time and time as set forth in the preceding paragraph, driven the G Apartment H-dong parking lot in the B 2 km section from the north-gu G Apartment to the same place as that set forth in the preceding paragraph.

Accordingly, the defendant is not less than twice Article 44 (1) of the Road Traffic Act.