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(영문) 대구지방법원 2019.07.10 2019고단2035
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant has been punished twice for the violation of the Road Traffic Act (driving) by being notified of a summary order of a fine of one million won on September 29, 2008 at the Daegu District Court and a summary order of a fine of four million won on September 4, 2013.

1. On March 15, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a Bho-low-scale car with a blood alcohol concentration of 0.123%, while under the influence of alcohol around 18:40 on March 15, 2019, led the Defendant to drive the Bho-do car at a level of 0.123%, and drive the road above the Sicheon-ri 374 (Hacheon-ri 374) at a speed of about 4

In the same direction as at the time, the victim C (the age of 56) was followed by the frighting passenger car driven by the victim C, so the defendant, who is engaged in driving of the motor vehicle, has a duty of care to ensure the safe distance to avoid when the driver stops the driver car well and to ensure the safe operation of the brakes by accurately operating the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, found it late to operate a frighting passenger vehicle which was in the front of the previous vehicle due to negligence that did not give a full view of the front line, and operated it immediately. However, the Defendant did not avoid it, and received the back part of the fright passenger vehicle operated by the victim as the front part of the Defendant’s passenger vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment, and suffered injury to the victim E (V) who is the passenger of the fright-learning car, such as fright-in salt, which requires approximately two weeks of medical treatment. In addition, the Defendant suffered injury to the victim E (V) who is the passenger of the fright-in car.

2. Although the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol twice or more as seen above, it is time for the Defendant to see from the Do in front of the Sincheon-si Gyeongcheon-si Do Office in the influence of alcohol at around 18:40 on March 15, 2019, under the influence of alcohol at 0.123% of alcohol level.

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