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(영문) 대구지방법원 포항지원 2019.01.30 2018고단1580

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 September 2, 2010, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Daegu District Court and the racing support. On November 26, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for a violation of the Road Traffic Act (driving) in the same court.

【Criminal Facts】

The defendant is a person who is engaged in driving a rocketing car.

On November 20, 2018, the Defendant started the front road of D in South-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the south-do, at a speed of about 40 kilometers per hour under the influence of alcohol concentration of 0.182%, depending on the road of Do, south-gu, Chungcheongnam-si, Chungcheongnam-si, the south-si, the south-do, at the direction of the Seoduk Park.

At night, the above place was parked along with the edge of the road, and since there are frequent pedestrian mobility, the driver of the motor vehicle at such place had a duty of care to prevent traffic accidents by properly operating the steering gear and operating the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, parked on the right side of the Defendant’s course due to negligence in the course of driving the said vehicle while driving the vehicle, shocked into the front part of the said rocketing car, which is the G owner of the G, with the front part of the said rocketing car, and led the victim I (36 years old) who walked around the surrounding area.

After all, the Defendant suffered from the Plaintiff’s occupational negligence such as the left-hand eye and the snow room, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and G;

1. The actual survey report and the accident site photograph;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. A previous conviction in judgment:

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