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(영문) 대구지방법원서부지원 2020.11.06 2020고단747
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On February 18, 2009, the Defendant was issued a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. in the Seogu District Court Branch Branch of the Daegu District Court.

1. Around 01:35 on March 3, 2020, the Defendant driven a FGPED125A Meba while under the influence of alcohol concentration of approximately 0.081% at a section of approximately 2 km from the front road in Daegu-gu, Daegu-gu B to the front road in the same Gu E-mail.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

2. The Defendant is a person who is engaged in a driving service with FAOD125A, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 3, 2020, at around 01:35, the Defendant driven the front road of the west-gu Seoul Metropolitan Government D with the above Oralba, and proceeded at a speed of about 30 km from the direction of the egal basin by five lanes along the direction of the egal basin.

At the time, bicycles are pre-paid at night and in the front, so in such a case, there was a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not discover the victim G(25 years of age) who gets a bicycle in the same direction from the front side of the direction of the Otoba under the influence of alcohol, and had the victim go beyond the ground by receiving the bicycle back part of the victim's bicycle from the front part of the Obaba.

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

Summary of Evidence

1. A written investigation of the defendant's legal statement G, a written investigation of the police's statement, a photograph of the scene of the accident, a written investigation report, a notification of the results of the crackdown on drinking driving, and an inquiry into the records of the crackdown on drinking driving.

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