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(영문) 대구지방법원포항지원 2020.09.23 2020고단906
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On May 23, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a B K3 car.

On June 19, 2020, at around 00:15, the Defendant driven the said car with a blood alcohol concentration of 0.138% 0.138%, and led the roads front of the Dju store located in South-gu Seoul at the port of the border of North Korea to F elementary school from the E apartment room.

At the time, there are nights and vehicles parked on the road, so in such a case, a person engaged in driving a motor vehicle is prohibited from driving a motor vehicle with drinking alcohol, and there was a duty of care to prevent the occurrence of an accident by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, by failing to accurately operate the steering direction and brakes while driving alcohol, was placed on the right side of the Defendant’s driving direction by taking the part behind the left side of the H-learning car, which was owned by G, which was parked on the right side of the Defendant’s driving direction, into the front part of the Defendant’s driver’s vehicle, and the said frighting car, which was pushed on by the shock, was driven by the victim I (Nam, 24 years old) who was stopped in front of the vehicle.

Ultimately, the Defendant suffered the victim I’s salt, tensions, etc. of the finite species, which require approximately two weeks of medical treatment from the victim I due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the said K3 vehicle while under the influence of alcohol of about 0.138% of alcohol concentration in the section of about 10 meters from the front of the Lju store located in South-gu K at the time of the above temporary border to the above location.

Accordingly, the defendant is not less than twice Article 44 (1) or (2) of the Road Traffic Act.

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