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(영문) 대구지방법원 서부지원 2017.12.19 2017고단1080
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

On April 2, 2010, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on April 2, 2010, and was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Daegu District Court on October 25, 2012.

Criminal facts

The defendant is a person who is engaged in driving a low-priced car.

1. On April 10, 2017, the Defendant driven the said car under the influence of alcohol content of approximately 0.102% from the 2km section to the front road of “D cafeteria” located in Daegu Western-ro 17, Seogu, Daegu-gu, to the road of “D cafeteria” located in Daegu-gu, Seogu., the Defendant driven the said car under the influence of alcohol content of about 2km.

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

2. The Defendant breached the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car while under the influence of 0.102% of alcohol concentration during the blood transfusion at the time of the above day and driven the road of four lanes in front of the “D cafeteria” located in Daegu Western-gu C, by driving the said car at the speed of about 50km along the three-lane speed from the Jincheon-gu to the Kinwon.

At the time, the Defendant was at night and was under the duty of care to reduce speed and accurately manipulate the steering gear and prevent accidents in advance at the front of the Defendant. In such a case, there was a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle and received the back part of the vehicle with the top part of the vehicle in front of the vehicle in question.

Ultimately, the Defendant’s negligence in performing the above duties, thereby causing injury to the victim E, such as salt, tension, etc. of the brue that requires approximately two weeks of treatment, and two weeks of age to the victim G (the 19-year-old age).

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