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(영문) 대구지방법원 2018.07.25 2018고단2571
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on August 31, 2007, was sentenced to a fine of one million won for a crime of violating the Traffic Act (drinking driving), a fine of two million won for the same crime in the same court on July 7, 2009, a fine of two million won for the same crime in the same court on July 8, 2009, and a fine of two million won for the same crime in the same court on January 22, 2015, and a person who drives under the influence of alcohol two times or more after having been sentenced to a suspension of execution for six months or more for the same crime in the same court on January 22, 2015

The defendant is a person who is engaged in driving of a motor vehicle with C high-class and C high-class motor vehicle.

On May 18, 2018, while under the influence of 0.090% alcohol level among the blood transfusion around 19:00, the Defendant is clear that the “two-lanes” of the three-lanes written indictment in front of the E in Busan Metropolitan City is “three-lanes” and such correction is not likely to substantially disadvantage the Defendant’s exercise of his/her right of defense. Thus, the Defendant’s amendment without following the amendment of indictment is made.

(hereinafter the same shall apply)

The roads were moved to the three-lane roads from the farm roads to the three-lane roads.

Since the passage of a vehicle is frequent, a person engaged in driving of a motor vehicle has a duty of care to change the lane at a speed and method that does not cause any danger and obstacle to others depending on road traffic conditions by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and neglected to change the course of the truck and received the front part of the victim F(38 Do) driving car as the rear part of the above truck's right side.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim F of a salt unit in need of approximately two weeks’ medical treatment, and suffered injury to the victim G (Vs, age 51) who was on board the said feling passenger vehicle, by dump and tension of the bones, such as requiring approximately three weeks’ medical treatment, and was in violation of the prohibition of driving under the influence of alcohol at least two times.

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