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(영문) 대구지방법원 2019.06.12 2019고단851
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 5, 2010, the Defendant received a summary order of KRW 2.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on November 8, 2010 to the same crime, respectively.

1. On October 16, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a vehicle with blood alcohol concentration of 0.111% in the influence of alcohol on October 15:30, 2018, and led the Defendant to drive the vehicle of B Sppart area in the manner of alcohol concentration of 0.11% in the direction of the city at a speed of about 40km per hour in the direction of the Sinan Sports Park in the direction of the Gu and proceed bypassing the road of 265-0 square meters in the direction of the Sinan

Since there is a long distance crossing, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly examining the front side and the left side of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and led the victim C(the age of 46) who was driving in the same direction at the front of the car in the front of the car of the Defendant.

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

2. Around 15:30 on October 16, 2018, the Defendant driven a B Sti-type car under the influence of alcohol with a blood alcohol concentration of 0.11% from the 2km section from the Do in front of a mutually influent restaurant located in the Gu, Si, Si, Gu, Seo-si to the front road of the Gyeongbuk-gun, Gyeongbuk-do to approximately 2km.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. On-site photographs;

1. A medical certificate;

1. Previous convictions in judgment: Criminal references;

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