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(영문) 대구지방법원 포항지원 2020.06.10 2020고단403
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

【Criminal Power】 On October 1, 2015, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Administration】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

At around 18:40 on March 14, 2020, the Defendant driven the said car while under the influence of alcohol with 0.113% of alcohol concentration 0.13%, and led to the driving of the said car in front of the D cafeteria in North-gu C at the port in the direction of the plaza in the direction of the square.

A driver of a motor vehicle has a duty of care to thoroughly operate the steering time, to accurately operate the steering and steering devices, and to safely drive the motor vehicle along the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line by breaking it, and at the time, received the front portion of the G-softing Car that was driven by the victim F(63 years of age) who was driving the said road in the direction of the plaza from the direction of the two-way distance, as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Violation of the Road Traffic Act (LA) was driven by the Defendant from the International cafeteria in the north-gu H at the temporary border under paragraph (1) to the day before the D cafeteria located in the same Gu C at approximately 400m section to the day before the D cafeteria located in the same Gu C, while under the influence of alcohol content of about 0.113%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the F;

1. Report on the occurrence of a traffic accident, photographs of the scene of the accident, notification on the results of the drinking driving control, report on the actual condition of a drinking driver, survey report on actual condition, and confirmation photograph of the accident site;

1. A medical certificate;

1. Previouss before ruling: Criminal history records, and the same kind of investigation report as the suspect;

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