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(영문) 대구지방법원 2021.02.04 2020고단6156
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 18, 2010, the Defendant was issued a summary order as a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and on May 31, 2012, the Daegu District Court issued a summary order as a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts]

1. On October 30, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by a four-lane road in the front of the C in the Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, in a state of alcohol around 19:5, and led the Defendant to drive a four-lane in the direction of Daegu along the four-lane in the direction of Daegu.

The driver of any motor vehicle has a duty of care to prevent anyone from driving his/her motor vehicle at a speed and in a manner that endangers and impedes others according to road traffic conditions by accurately manipulating the steering gear, brakes, etc. of his/her motor vehicle in a normal state which has no influence on drugs, such as drinking.

Nevertheless, the Defendant neglected this and changed the course from three lanes to four lanes in the same direction, and received the back portion of the GM5 car to the left side of the Defendant’s driving vehicle.

Defendant 2 suffered injury to the victim, such as salt, tension, etc., which was found to require approximately two weeks of medical treatment due to the above occupational negligence.

2. The defendant is a person who has been issued a summary order twice as a crime of violating the Road Traffic Act, such as a record of a crime.

The Defendant driven a vehicle under the influence of alcohol by the Defendant, such as a snick I, etc. belonging to the H police box, who was dispatched to the scene after receiving a report of an accident under paragraph (1), with drinking and smelling the Defendant.

Even though there are reasonable grounds to determine a person, he/she does not comply with the measurement of drinking alcohol by inserting approximately 15 minutes in a drinking measuring instrument, he/she does not comply with it.

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