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(영문) 대구지방법원김천지원 2020.11.25 2020고단810
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

1. On December 18, 2007, the Defendant received a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and one million won for the same crime in the same support on July 12, 2012, respectively.

At around 14:20 on April 9, 2020, the Defendant driven a F1 ton cargo vehicle with a blood alcohol concentration of about 0.149% from a section of about 1km from the front of the C cafeteria located in Kimcheon-si, to the front intersection located in the same city D.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

2. The defendant is a person who is engaged in driving of the foregoing cargo vehicle.

The defendant, while under the influence of alcohol as above, was driving the above cargo vehicle and was living in front of the E in Kimcheon-siD at Kimcheon-si, according to three-lanes among four-lanes.

At the time, since other vehicles are stopped on the front side of the cargo vehicle of the defendant, there was a duty of care to prevent accidents by safely manipulating the front side and left side of the direction of the operation to the driver, and by safely manipulating the steering direction and brakes.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop at the front line of the Defendant’s cargo vehicle, and received a part of the back-setting part of the victim G (ma, 59 years old) drive of the victim G (ma, 59 years old) who was stopping at the front line of the Defendant’s cargo vehicle.

As a result, the Defendant suffered injury to the victim, by the above negligence, at least two weeks of light fluoral salt and tensions that require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the state of the drinking driver, investigation report, investigation report, inquiry into the results of the control of drinking driving and notification, and the ledger using the drinking measuring instruments;

1. The actual condition survey report;

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