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(영문) 대구지방법원 2020.01.09 2019고단5994
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

1. The Defendant is a person who has been issued a summary order of a fine of KRW 700,00 by the Daegu District Court on January 6, 2017 for a violation of the Road Traffic Act.

On November 1, 2019, at around 21:48, the Defendant, via the same Gu D, driven the above van while under the influence of alcohol content of about 0.122% from the 1km section to the front road of the said apartment again, in a state of under the influence of alcohol by 0.12%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while under the influence of liquor at the time stated in the preceding paragraph, was driving the above c apartment with the front road of the said C apartment, making it left the left

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the front side and the right side well and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to walk near the crosswalk and got the right edges of the victim E (the age of 53) who walked near the crosswalk due to the negligence of driving it, and received the right edges of the victim beyond the wheels from the front of the passenger wheel.

Ultimately, the Defendant suffered injury to the victim, such as the aggravation of the bones, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Report on internal investigation (vehicle boom photographs);

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes;

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