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(영문) 대구지방법원 2016.07.21 2016고단2063

교통사고처리특례법위반등

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

Reasons

Punishment of the crime

[criminal history] On September 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seog branch of the Daegu District Court, and on June 22, 2011, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seog branch of the Daegu District Court. On September 26, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court. On September 26, 2012, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts]

1. On March 27, 2016, the Defendant, while under the influence of alcohol content of 0.149% in blood transfusion around 18:5, on March 27, 2016, driven CM5 car at the section of approximately 65 meters from the front of the Taeduk-gu Taedong, Daegu-gu, Nam-gu, Daegu-gu, the GM5 car at the front of the apartment site located in the Taegu-gu, Nam-gu, Nam-gu, Daegu-gu, Daegu-dong.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle of CMF5.

around 18:55 on March 27, 2016, the Defendant, while under the influence of alcohol, driven the said SM5 car and proceeded with the passage of the fixed apartment house in Daegu-gu, Daegu-gu.

At this point, there was a victim D(n, 57 years of age) and in such a case, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle thoroughly by thoroughly driving the motor vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and proceeded with as it was, and caused the victim to go beyond the floor by shocking her meast of the victim of the above SM5-lane.

Accordingly, the Defendant suffered injury to the above victim, including a copy that requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of a primary driver;