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(영문) 대구지방법원서부지원 2020.10.30 2020고단84
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

except that 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

On April 10, 2012, the Defendant was notified of a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Seogu District Court's branch court.

1. On December 22, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving a Franchising car at a section of about 200 meters from the front of the C cafeteria located in Daegu-gun, to the front day of the E in Daegu-gun, thereby violating Article 44(1) of the Road Traffic Act at least twice.

2. The defendant is a person who is engaged in driving a Fchip motor vehicle.

On December 6, 2019, the Defendant driven the said car while under the influence of alcohol 0.071% in blood alcohol level around 22:18, and led to driving the vehicle behind the Daegu-gun Road.

At the time of the defendant's vehicle back, the victim G (n, 74 years of age) was under the influence of the pedestrian, so in such a case, the driver of the vehicle had a duty of care to prevent the accident, such as making the rear and right-hand, accurately operating the steering gear, etc. of the driver of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of care as seen above, and received the above victim as the back part of the said car.

As a result, the Defendant suffered injury, such as an electronic peltoma, which requires approximately 10 weeks of medical treatment, from the victim by occupational negligence as above.

Summary of Evidence

1. The defendant's legal statement, the fact-finding report, the investigation report, the diagnosis report on the result of the crackdown on drunk driving, and the application of Acts and subordinate statutes to the investigation report (same-class criminal records);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving and the choice of imprisonment with prison labor), which apply to criminal facts;

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