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(영문) 대구지방법원 김천지원 2018.02.27 2017고단1869
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 history] On March 31, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 7 million for the same crime in the same court on March 6, 2012, respectively.

[Criminal facts]

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On October 25, 2017, the Defendant driven the Poter cargo vehicle with alcohol content of 0.134% in around 04:02, while under the influence of alcohol during blood, and led to four-lanes in front of the runway distance in the Gumi-ro 381 in Gumi-si, Gumi-si, the four-lanes in front of the runway distance from the Gumi-si.

At night, and in the front of the defendant, the D Track freight driven by the victim C(36) was a stop of the signal waiting, so there was a duty of care for the driver of the motor vehicle to see the front side well and to drive the steering and steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, and the Defendant was found to have attempted to drive the Track cargo following the Track Track in front of the Track.

Ultimately, the Defendant suffered injury to the victim, such as chills, chills, and tensions, which require approximately two weeks of medical treatment due to such occupational negligence.

2. Although Defendant 1 had been subject to punishment twice or more due to driving of alcohol as above, Defendant 2 driven the Poter cargo at a level of about 10km from the 10km away from the westline to the place indicated in paragraph 1 at around October 25, 2017, while driving the Poter while under the influence of alcohol with approximately 0.134% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, and a statement on the circumstances of the driver in charge;

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