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(영문) 대구지방법원 2019.07.25 2019고단1312
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 19, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on September 3, 2014, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving service of B message messages.

On February 27, 2019, at around 00:30, the Defendant driven the above Oralb while under the influence of alcohol with 0.163% of the blood alcohol concentration, and continued to drive the said Oralb, thereby straightening the Daegu hydro-gu CNe-distance intersection from C to the dives of waterside.

Since there was an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side of the motor vehicle, accurately operate the steering direction and brake system of the motor vehicle, and to safely drive the signal and prevent the accident by safely driving it.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and neglected to do so, led the left side of the victim D(29 years old) driving, which was directly proceeding in accordance with the new name from the spawning to the spaw from the spawning surface of the spawn B, which was directly proceeding under the new name, to the right side of the Defendant's spawn.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about 10 days due to such occupational negligence.

2. Around 00:30 on February 27, 2019, the Defendant driven B message under the influence of alcohol 0.163% in a section of approximately 200 meters of blood alcohol level from the front of the Daegu Water-gu F to the front of the same CN distance.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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