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(영문) 대구지방법원 포항지원 2019.01.17 2018고단1435
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for 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

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a car with X-ray.

On October 30, 2018, the Defendant driven the said car with a blood alcohol level of 0.073% 0.073% around 08:30 on October 30, 2018, while driving the said car, and driving the road ahead of the interesting distance of 709 on the north-gu Newcheon at the port of the port from the north-gu toward the right side of the ethologian.

Since there is an intersection where signal lights are installed, there was a duty of care to stop in advance and prevent accidents in advance, if there is a vehicle in a stop for the signal atmosphere by a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so, and found the DNA SP car of the victim C (the 70-year-old) who was stopped for the signal atmosphere due to the negligence of driving the vehicle, and caused the back portion of the above EXP car to be the front part of the above EXP car.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On January 30, 2009, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 1,000 due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3,00,000 due to a crime of violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on July 26, 2012.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, at around October 30, 2018, while under the influence of alcohol at around 08:30,073% of the blood alcohol level, the Defendant driven the above X-ray in the section of about 10km from the Do in front of the South-gu Yancheon-gu Yancheon-gu, Yancheon-gu to the roads adjacent to the 709 km distance at the port at the port, at approximately 10km from the Do in front of the Yancheon-gu, Yan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Exemplary drivers;

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