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(영문) 대구지방법원 2019.07.24 2019고단2323
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On October 13, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act on June 2009, and was sentenced to 8 months for a violation of the Road Traffic Act on November 9, 2010, and was sentenced to 8 months for a violation of the Road Traffic Act on October 23, 2014, and was sentenced to 8 months for a violation of the Road Traffic Act at the Daegu District Court on October 23, 2014.

1. On December 19, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a BG 0.122% blood alcohol concentration at around 19:28, while under the influence of alcohol, and led the roads front of the GG apartment at the low-speed level from D to E apartment protection.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the GFD car driving by the victim F (W, 41 years old) who was driven by the Defendant due to the negligence of neglecting the duty of due care, as the left part of the said passenger car driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

2. Although the Defendant had been in violation of the Road Traffic Act two or more times, the Defendant driven a Grand Cross under the influence of alcohol concentration of about 0.122% from the 19:28th of December 19, 2018 to the 2km road in the front of the I Middle School located in H in the Gyeongsi-si of Busan Metropolitan City to the 3rd of the 3rd of the 3rd of the 3rd of the 2km road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. On the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on the actual condition, and a photograph of a black stuff image 1.

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