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(영문) 대구지방법원 서부지원 2019.03.20 2018고단2870
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 29, 2017, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court to the same crime on September 21, 2018.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a KS5 car;

On August 26, 2018, the Defendant driven the above vehicle at around 22:17, and turned the front way of the Daegu-gu C-ro from the lue Park to the commercialized distance of about 15 kilometers in speed.

At the time of night, there was a flow of the front door, and the driver of a motor vehicle had a duty of care to safely drive the motor vehicle by giving the right of way, reducing the speed and taking the right and the right and the right and the right and the right and the right and the right of the other motor vehicle.

Nevertheless, the Defendant neglected to pay alcohol content to 0.141% and neglected to make a bypass as it is, due to the negligence of bypassing it, received the part of the Defendant’s vehicle back to the right side of the victim D(EM5 years old), who moved in five-lane radius from the arboretum, in front of the left side of the vehicle of the Defendant.

The Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as salt ties, tensions, etc., in which the said victim, the said passenger F (V, 54 years old), G (V, and 51 years old) need to be treated for about two weeks.

2. On August 26, 2018, the Defendant driving a motor vehicle owned by the Defendant for approximately 10 meters from the first road located in H in Daegu-gu Falth, Daegu-gu to the preceding road of the same Gu, while under the influence of alcohol of about 0.141% of the blood alcohol concentration, at around 22:17, the Defendant was under the influence of alcohol of 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a traffic accident actual condition survey report, and an accident site photograph;

1. The statement of the executive status of the employee;

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