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(영문) 대구지방법원 포항지원 2018.04.05 2018고단15
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of lurged B.

On January 1, 2018, the Defendant driven the said car with a alcohol level of 0.082% 0.082% in alcohol during blood transfusions, and continued to drive the road four-lanes in front of the northwest-gu Cheonggdong, 5934 association Northwest-dong, Cheongg-dong, south-gu, west-do, 5934 at a speed of about 30 km from the airport to the scco along the two-lanes.

On the left side of the Defendant’s car at the time, the victim C(44) driver’s D-W drive was driving in the same direction as the Defendant depending on the first lane, so in such a case, the driver of the vehicle had a duty of care to secure a safety distance with the following before changing the course.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course to a one-lane and received the front part of another vehicle on the left side of the vehicle driving by the Defendant.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim, such as brain sugars, which requires medical treatment for about two weeks, and that the victim E (V, 44 years old), who was on board the victim’s driving car operation, suffered from the injury, such as climatic salt, which requires medical treatment for about two weeks.

2. On March 3, 2008, the Defendant issued a summary order of KRW 1,00,000,000 as a fine for a violation of the Road Traffic Act (drinking) at the port support of the Daegu District Court in Daegu District Court on the ground of a violation of the Road Traffic Act (drinking), and on April 4, 2016, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking).

Although Defendant had been punished twice or more due to a violation of the Road Traffic Act (driving) as above, Defendant 1 was under the influence of alcohol leveling 0.082% of the blood alcohol level during the day-to-day border as stated in the above paragraph (1) from before the mutual influence office in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the place indicated in the above paragraph (1).

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