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(영문) 대구지방법원 서부지원 2019.06.21 2018고단2370
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On August 10, 2012, the Defendant received a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act from the Daegu District Court on August 10, 2012, and on June 9, 2017, the Daegu District Court received a summary order of KRW 4 million for the crime of violation of the Road Traffic Act and received two times the records of punishment for drinking.

The defendant is driving a BM5 vehicle.

On July 29, 2018, the Defendant, without obtaining a driver’s license at around 05:30 on July 29, 2018, driven the said car under the influence of alcohol level of 0.107%, without mandatory insurance, led the Defendant to drive the said car in front of the D cafeteria C, Daegu-gu, to the outdoor music day from the direction of E.

At the same time, there was a pedestrian in the front door, so in such a case, the driver of the vehicle had a duty of care to properly see the front door and the left and right, and to accurately manipulate the steering direction and the brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected and proceeded as it was due to negligence while under the influence of alcohol and received the part on the right hand hand of the Victim F as the part between the right hand hand of the vehicle driven by the Defendant.

As a result, the Defendant suffered the victim’s kinal dynasium, which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Statement of the state of drinking drivers, and notice of the result of crackdown on drinking driving;

1. A license register of the suspect A;

1. Mandatory insurance policies for vehicles;

1. A medical certificate;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (attached to the previous records and summary order);

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;

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