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(영문) 대구지방법원 2019.02.14 2018고단5039
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On May 18, 2016, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on April 6, 2017, a summary order of KRW 2.5 million from the Western Branch Branch of the Daegu District Court to a fine for the same crime.

1. On July 17, 2018, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.088% from the 1km section from July 21, 2018 to the 4-dong-gu New-dong, Daegu-dong, Daegu-dong to the front road of the same Gu.

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 is a person who is engaged in driving a vehicle with Cents, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 17, 2018, the Defendant, while under the influence of alcohol on July 21:25, 2018, driven the said low-priced car and continued to drive the front road B of Daegu Dong-gu along the three-lane radius from the border Ne-Neng-gu.

In such cases, the driver has a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle, such as taking the front door and left door well and accurately operating the steering and brake system.

Nevertheless, the Defendant neglected this and did not find out that the victim D(SP) E-PP car of the 48-year-old driving was parked in order to signal the signal atmosphere, and received the parts behind the above SP car in front of the above SP car due to the negligence in progress without finding the above SP car in front of the above SP car.

Ultimately, the Defendant caused the injury to the victim D by the above occupational negligence, such as the left-hand check salt, etc. requiring a treatment for about three weeks, and the injury to the victim F (the 43 years of age) who is the passenger of the said spke car, which requires a medical treatment for about three weeks, and the injury to the victim G (the 37 years of age) who is the same passenger.

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