(영문) 대구지방법원 포항지원 2018.10.05 2018고단681

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(영문) 대구지방법원 포항지원 2018.10.05 2018고단681

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 15, 2015, the Defendant was sentenced to a summary order of KRW 4 million by the same court as a crime of violating the Road Traffic Act (dacting driving) at the port support of the Daegu District Court on August 15, 2015.

[Criminal facts]

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and engages in driving service of automobiles by making a franchise.

On May 13, 2018, the Defendant driven the said car while under the influence of 0.153% alcohol during blood transfusions on May 22:26, 2018, and continued to proceed to the 4 distance of the Belel church 31 in the north-gu, Heung-gu, Heung-gu, North Korea, into the national highways No. 7 from the west-dong.

At the time, it is an intersection where a signal is installed at night, and in such a case, there was a duty of care to prevent accidents in advance by keeping the safety distance from the front and the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look well at the front side, and by negligence committed a stop in the front side of the Defendant in accordance with the direction stop signals in the front side of the Defendant, and received the back part of the Da SM5 car driving in the front side of the vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as catum dump, which requires approximately three weeks of medical treatment.

2. The Defendant, while under the influence of alcohol level of 0.153% during the blood transfusion during the above day, was driving a car from the front side of the City Hospital located in the Buk-dong at the port at the port to the above place, at approximately 3 km from the front side of the City Hospital at the port at the port to the above place.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. C.

참조조문

-교통사고처리 특례법

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