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(영문) 대구지방법원포항지원 2020.11.12 2020고단1182
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 16, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court, and on January 16, 2008, the Defendant was issued a summary order of KRW 2.5 million for the same crime, etc. at the same court on January 16, 2008, and on February 4, 2010, the same court was sentenced to two years for a suspended sentence of imprisonment for the same crime. On July 23, 2014, the Defendant was sentenced to two years for a suspended sentence of ten months for the same crime. On November 9, 2017, the same court was sentenced to a suspended sentence of six months for the same crime.

【Criminal Facts】

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a rocketing car.

On June 12, 2020, at around 23:05, the Defendant driven the said car while under the influence of alcohol of 0.119% of blood alcohol concentration, and led the Defendant to drive the said car directly along the two-lanes of the road of 231-1 in the south-gu Sea Zone 231-1, Nam-gu, South-gu, Chungcheongnam-do at the port, by driving the said car at the speed of 0.19%.

At all times, since other vehicles were stopping in the signal atmosphere, there was a duty of care to prevent accidents and safely drive the vehicle by putting the front door and left door and accurately operating the steering and steering system to those engaged in driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the front day while driving his vehicle, and neglected to stop on the front day of the Defendant’s vehicle due to occupational negligence, led the victim D (the age of 36)’s E-learning car standing in the signal air at the front day of the Defendant’s vehicle, followed the part of the Defendant’s vehicle in front of the Defendant’s vehicle, and led the victim F (the age of 39) driver’s G driving of the Defendant F (the age of 39) who was standing prior to the front day.

Ultimately, the Defendant caused the injury to the victim D, such as salt, tensions, etc. in the shoulderline, which requires approximately two weeks of treatment to the victim D due to such occupational negligence, and the victim F.

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