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(영문) 대구지방법원 김천지원 2020.02.18 2019고단1617
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 20, 2019, the Defendant driven the above car on November 20, 2010, and continued to drive it on the right side to the right side of the river, while under the influence of alcohol leveling 0.124% of the alcohol level during blood.

At the time of the defendant's electric power, Dunstren car driven by the victim C (the 41 year old) was a stop. In such a case, the driver of the motor vehicle had a duty of care to safely drive the wheel and the left and right, and to prevent the accident by accurately manipulating the steering and the steering system and to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting to do so and received the back part of the said SM3 car as the front part of the said SM3 car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt pans, which requires approximately two weeks of treatment.

2. On July 23, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 23, 2007.

On November 20, 2019, at around 20:10, the Defendant driven a BM3 vehicle under the influence of alcohol leveling 0.124% from a section of about 3km from the front of the F-Road located in the Gandong-gu, Seoul Special Metropolitan City, Chungcheongnam-si, Seoul Special Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the results of the drinking driving control, a statement of persons involved in the traffic accident, a medical certificate, a practical survey report, and on-site photographs;

1. Previous convictions in judgment: Criminal records, reply reports (A), investigation reports (a summary order attached to the same type of crime records), and the application of Acts and subordinate statutes;

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