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(영문) 대구지방법원김천지원 2020.11.11 2020고단456
교통사고처리특례법위반(치상)등
Text

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

However, 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

1. On March 4, 2016, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court as a crime of violating the Road Traffic Act.

On February 25, 2020, at around 05:25, the Defendant driven an ES6 car under the influence of alcohol concentration of about 0.112% from the section of about 6km from the front of the C cafeteria located in Gumi-si B to the front of the D building in the same city.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant is a person engaging in driving service of the said car.

The Defendant, while under the influence of alcohol as above, driven the said car and turned to the left from the front side of the training center of the dong Reserve Forces, driving the said car to turn to the left of the D building.

Since the left-hand turn is a non-protective area where a signal, etc. is installed, at the time, there was a vehicle that is driven by the straight signal in accordance with the Defendant’s passenger car, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should safely proceed by taking into account the traffic situation of the intersection.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F(34 years of age) who was driven by the victim F.(34 years of age) who was driven by the front part of the GR car driven by the front part of the Defendant’s car, from the front part of the passenger car, in accordance with the straight line from the front line in the opposite line, due to the negligence of neglecting it and left left.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of each accident site;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. A medical certificate;

1. Report on internal investigation (victim F telephone communications);

1. A previous conviction in judgment:

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