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(영문) 대구지방법원 김천지원 2020.07.23 2020고단411
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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

Reasons

Punishment of the crime

[Criminal Power] On June 23, 2016, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, as well as two times of force.

【Criminal Facts】

The defendant is a person who is engaged in driving a BM5 car.

1. On February 14, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.097% on blood alcohol level around 05:50 on February 14, 202, and led the said car to proceed to the intersection of the three-way distance in front of the D in the Gu and U.S. Si to the Gu-U.S.-U.S. outflow

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by checking well the right and the right of the motor vehicle driver.

Nevertheless, the Defendant, while neglecting this, was driven by the victim E (the age of 43) who was driven by the victim E (the age of 43) in line with the left-hand turn at the time of the negligence in which the Defendant violated and proceeded with the signal, and received the part of the front-hand 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 due to occupational negligence.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol at approximately 0.097% of alcohol level in the section of approximately 2 km from the H in the Gu-U.S. city G at a temporary border such as Paragraph (1) to the intersection of the D 3rd distance in the same city at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a photo at the scene of the accident, a report on the actual condition of the accident, a signal system, and a photograph of a black stuff image;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Judgment.

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