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(영문) 대구지방법원 2018.04.05 2018고단296
교통사고처리특례법위반(치상)등
Text

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] The defendant is a person who, on August 7, 2006, has been sentenced to a summary order of a fine of one million won or more for a violation of road traffic laws at the Daegu District Court's Daegu District Court's order on August 7, 2006, and a fine of five million won or more for a violation of road traffic laws at the Yeongdeungpo Branch of the Daegu District Court's Yeongdeungpo Branch on August 10, 2009 and has been sentenced to a summary order of five million won or more.

[Criminal facts] The Defendant is a person who is engaged in driving B cargo vehicles.

1. On December 28, 2017, the Defendant violated the Road Traffic Act (drinking) driving the Potering vehicle under the influence of alcohol of about 0.140% of alcohol content among blood while under the influence of alcohol from about 1km to about 0.140% in the front of D located in the same Gu C from the trade infinite-gu, Namsan-gu, Daegu to the trade infinite-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Around 17:50 on December 28, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said cargo while under the influence of alcohol, and driving the said truck over the five-lane and six-lanes on the two-lane four-lane road in the middle-gu, Daegu, the two-lanes of the four-lane width.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded along the five-lane due to the negligence of proceeding, and stopped by the victim E (SM51). The lower part of the lower right-hand part of the FM5 car was received as the front left-hand part of the said cargo vehicle.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and double strings that require approximately two weeks of medical treatment to the victim G (V, 6 years of age) who was accompanied by the SM5 car, respectively.

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