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(영문) 대구지방법원 서부지원 2018.03.16 2017고단1861
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 31, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court. On April 1, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime, etc.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On July 24, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.083% during blood transfusions on July 24, 2017, and led the Defendant to make a right-hand on the road of the private distance, at the entrance of the Gu Highway, located in 37, the Gyeonggu-gu Seoul Special Metropolitan City, to the right-hand side of the masthead.

Since the center line of yellow solid lines is installed at the point at which the right-way ends, there was a duty of care to thoroughly operate the front line to the person engaged in driving service and to safely operate the tea.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a bypass while driving a bypassing the center line, which was caused by the negligence of the collisioning the center line on the opposite lane, and received the part above the left-hand part of the DK5 car driving by the victim C(28 Do) who was parked in the signal atmosphere from the opposite lane, in front of the left-hand part of the Defendant’s vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of medical treatment, and the injury to the victim E (V, 22 years of age) in light of the trend, tensions, etc. requiring approximately two weeks of medical treatment.

2. Notwithstanding the fact that the Defendant violated the Road Traffic Act (drinking driving) two or more times of violating the provision on prohibition of drinking driving, the Defendant 1 driven the above-learning car under the influence of alcohol content of about 0.083% from the 5km section of the blood alcohol level from the 265-5, Seogu Seog-gu, Daegu-gu, 265-5 at the time of the day indicated in paragraph 1 to the shooting distance at the entrance of the above old-gu, the traffic accident captain.

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