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(영문) 대구지방법원김천지원 2020.10.28 2020고단729

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 14, 2009, the Defendant was issued a summary order of 700,000 won for a violation of the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving the Bnibus vehicle;

On December 23, 2019, the defendant, around 22:38, run from the Eth page to the F Hospital, and changed the course from the two lanes to the three-lane.

At the time, the driver of the motor vehicle was at night and was at a three-distance intersection, so in such a case, the driver of the motor vehicle had a duty of care to operate the motor vehicle safely by properly operating the operation and steering gear while living well.

Nevertheless, the Defendant neglected this, while driving the said vehicle while under the influence of 0.128% alcohol level, and was negligent in driving it at the same time, and continued to drive the HST5 vehicle from three lanes in the front direction to the signal atmosphere by the victim G (ma, 52 years old) who was standing in the front direction of the Defendant vehicle, and received the automatic flasher of street lamps installed on the sidewalk on the front side of the Defendant vehicle.

Ultimately, the Defendant caused the victim G by his occupational negligence to inflict bodily injury on the brain-dead, etc. without an open room in the head requiring two weeks of treatment, and the victim I, who was on board the steering spons of the above damaged vehicle, suffered injury to the brain-dead, etc., for about three weeks of treatment without an open head in need of treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol 0.128% in the section of about 1km from the E in the city of Gu and Si to the D in the Gu and Si of Gu to the day before Gu and Si of Gu, from a temporary border as referred to in paragraph (1) of the same Article.

Accordingly, the Defendant is obliged to prohibit driving under the influence of alcohol twice.