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(영문) 대구지방법원 경주지원 2016.12.21 2016고단510

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for 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 February 13, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Daegu District Court racing support. On January 4, 2016, the Defendant driven a vehicle while under the influence of alcohol of KRW 0.122% of the blood alcohol concentration on May 23, 2016. The Defendant was issued a summary order of KRW 2.5 million for the same crime in the same court and was punished for the drunk driving on two occasions.

【Criminal Facts】

1. Around 02:05 on April 7, 2016, the Defendant driven a Fran vehicle under the influence of alcohol with a blood alcohol concentration of about 0.069% from the 1km section from the front side of the Yong River Apartment apartment in the Yongsan-dong of Sejong-si to the front side of the E-ray in the racing-si.

2. The defendant is a person who is engaged in driving a Fchip motor vehicle.

On April 7, 2016, the Defendant driven the said car while under the influence of alcohol of 0.069% with blood alcohol concentration of 0.069% on April 7, 2016, and driven the two-lane road of the front direction E along the yellow Park from the side of the tuition distance to the yellow Park at a speed of about 50km per hour.

At the time, there was a duty of care to prevent accidents in advance by checking the surrounding traffic situation and safely driving by reducing speed and checking the right and the right of the driver at night.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded without looking at the front bank, committed the Defendant’s G (48 years old) with the negligence of crossing the above road without permission, and received the victim G (48 years old) who was on one lane from the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the Plaintiff’s failure to perform the above occupational duties, such as the Plaintiff’s failure to provide approximately three months medical treatment, and the injury to the Defendant’s adjacent land and power lines, and the injury to the heat.

Summary of Evidence

1. The defendant;