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(영문) 대구지방법원 2020.05.26 2020고단817
교통사고처리특례법위반(치상)등
Text

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 14, 2013, the Defendant was sentenced to a suspended sentence of two years for one year and six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court.

【Criminal Facts】

1. Notwithstanding the fact that the Defendant had a record of driving under the influence of alcohol as stated in the criminal records, at around 00:45 on February 9, 2020, the Defendant driven D rocketing car under the influence of alcohol concentration of about 0.082% in the section of approximately 3km from the front of a restaurant located in the Daegu hydro-gu hydro-gu 4 to the front of the road located in the same Gu B.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving DNA rocketing or other automobiles.

On February 09, 2020, the Defendant driven the said car while under the influence of alcohol, as described in Paragraph 1, around 00:45, and led to the driving of the said car at an insular speed, along the three-lanes, from the direction of the Mangn-gu Suwon-gu Si road, Daegu-gu, along the direction of the six-lane from the direction of the Mangn-do road.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes in a way that well sees the traffic situation of the front and rear left, and to prevent accidents.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the string of the Defendant’s drive in front of the Defendant’s rocketing car, following the victim E(E, South, 25 years old), who is in the direction of the signal at the front of the vehicle.

Ultimately, the Defendant caused the victim G (ma, 25 years of age) who was on the part of the above victim E and the above damaged vehicle by occupational negligence to suffer injuries, such as salt ties, tensions, etc., for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on the statement of the situation of a drinking driver, a report on the control of drinking driving, a report on the actual condition, a photograph and a medical certificate;

1. A previous conviction in judgment:

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