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(영문) 대구지방법원영덕지원 2020.09.23 2020고단181
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act at the port support of the Daegu District Court on June 9, 2017.

1. The Defendant is a person who is engaged in driving service of BK3 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 21, 2020, the Defendant driven the said car under the influence of alcohol 0.156% of alcohol level on July 13, 2020, and led to the driving of the said car at a speed of about 50 km from the Yeongdeungpo-gu Eup to the E-section from the Yeongdeungpo-gu Eup.

At the time, its location is a two-lane road from which the center line of yellow solid lines is installed, so there was a duty of care to ensure that drivers are thoroughly in front of the city and safely operate the vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the passenger vehicle in front of the said vehicle driven by the Defendant due to the negligence of neglecting it, and the part of the victim F (F, South, 54 years old) who driven the said road from the E-section to the Young-gu Eup Eup.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of treatment for about one week by negligence as above.

2. The Defendant was under the influence of alcohol 0.156% of the blood alcohol level at the time and time set forth in paragraph (1) of the Road Traffic Act, and the Defendant was driving BK3 cars from approximately 5 km section from the mutually influence points in the territory of Yong-gu, Young-gun, Young-gu, Seoul to the front road in the same military C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Each investigation report by the police on the F of the defendant's statement in court;

1. A report on the occurrence of a traffic accident, and a statement on the circumstances of the driver;

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