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(영문) 대구지방법원 2018.11.01 2018고단3639
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 7, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), etc. by the Daegu District Court on the same day, and on January 30, 2015, the Defendant was sentenced to a fine of KRW 5 million by the same court on the same offense, etc. three times.

[Criminal facts]

1. On July 25, 2018, the Defendant was driving a C golf car under the influence of alcohol content of about 0.165% from the 5km to the road in front of the cafeteria at the same time, which is located in the city of 05:40 on July 25, 2018.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The defendant, who violated the Special Act on the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving of the said golf car.

At the time of the day set forth in paragraph 1, the Defendant driven the said golf car while under the influence of alcohol as above, and proceeded with one lane in front of the above “Fudio of the first day” on the side of our church with one lane in front of the above “Fudio of the first day.”

In such cases, there was a duty of care to prevent accidents in advance by driving safely, such as making a person engaged in driving a motor vehicle abundance and left and left well, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and received the said golf car from the Defendant due to the negligence of driving the victim D(18 Dop) E in the front of the running direction while the victim D(18 Dop) was stopped, which led to the said golf car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Inquiries about the results of regulating drinking driving;

1. The principal driver;

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