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(영문) 대구지방법원 서부지원 2020.06.10 2019고단3249
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

Punishment of the crime

[Criminal Power] On March 8, 2016, the Defendant was notified of a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

1. Around 20:20 on October 27, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving a Grandroth car under the influence of alcohol with about 2 km from the fluenal area of the Daegu-gun Sim-si to the roads in front of the Daegu-gun (Seoul-gun) to around 2km, and under the influence of alcohol with about 0.11%, while under the influence of alcohol, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car in the Grandroth.

On October 27, 2019, at around 20:20, the Defendant continued the front road B, which was in front of Daegu-gu, to the front of a police box, from the sloping distance.

At the same time, the defendant was in a way-off crossing, and the victim D (n, 38 years old) driving car stops in front of the intersection due to the signal signal atmosphere. In such a case, there was a duty of care to prevent accidents by accurately operating the steering and steering gear and accurately operating the steering and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the above duty of care and proceeding as it is, and was found to have received the back part of the said car with the front part of the said car.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and control of drinking driving;

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