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(영문) 대구지방법원 포항지원 2019.10.16 2019고단974

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and six 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 June 1, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Daegu District Court Port Support on the same day, the summary order of KRW 5 million for the same crime in the same court on November 15, 2010, and the probation order of KRW 5 million for the same crime in the same court on May 12, 2016.

【Criminal Facts】

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

1. Around July 23, 2019, the Defendant driven the Poter truck under the influence of alcohol content of about 0.135% in a section of approximately one kilometer from the Do before the D Association located in the North Korean Port C at the North Korean Port, North Korean Port, to the F Do located in E at the border of the North Korean Port, while driving the Poter truck under the influence of alcohol content of about 0.135%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Around July 23, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was straighted at a speed of about 20km per hour, depending on the two-lanes in the direction of the port from the direction of the port to the direction of the port.

At night, there was a duty of care to prevent traffic accidents by properly operating and operating the steering system and the steering system with the front and rear left, because the vehicle waiting for the driving signal was stopped at the front and rear of the defendant, so there was a duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected this, while driving the foregoing cargo vehicle under the influence of alcohol as described in Paragraph 1, brought the back part of the low-speed vehicle driven by the victim G(the age of 32) (the age of 32) who was parked at the front of the Defendant due to his negligence in the course of duty, with the front part of the above cargo vehicle.

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

Summary of Evidence

1. The defendant;