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(영문) 대구지방법원 포항지원 2020.01.08 2019고단1427
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

[criminal power] On August 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on August 3, 2009; on October 15, 2010, the same court issued a summary order of KRW 2 million for the same crime; on May 28, 2014, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime.

【Criminal Facts】

The defendant is a person who is engaged in driving a vehicle B at low price.

1. Around 02:50 on October 3, 2019, the Defendant driven the said low-speed car while under the influence of alcohol concentration of about 0.167% at a section of about 800 meters from the Do located in the north-gu North Korean Port C to the front road located in the north-Gu E at the border of the North Korean port.

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

2. On October 3, 2019, the Defendant, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) brought the front road of the F referred to in paragraph (1) at a speed of about 60 kilometers per hour between two lanes in the direction of two parallels in the direction of two parallels in the direction of two parallels.

At night, there were other vehicles at the right side of the above road, and thus, the driver of the vehicle at such places had a duty of care to prevent traffic accidents by properly operating and operating the steering system and brakes with the steering gear.

Nevertheless, the Defendant neglected to do so, while driving the said vehicle while under the influence of alcohol as described in Paragraph 1, and was driven by the injured party G(57 years old) who was standing on the right side of the direction of the Defendant’s driving due to negligence in the course of duty, and received the front part of the said vehicle’s front part to the right side of the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain, which requires approximately two weeks of medical treatment, due to such occupational negligence.

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