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(영문) 대구지방법원 서부지원 2019.05.23 2018고단2871
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 March 25, 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 KRW 3 million from the Seoggu District Court’s Branch Branch on March 21, 2017 to a fine for the same crime, etc.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a B-cruise vehicle in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

At around 04:30 on September 2, 2018, the Defendant driven the said car without obtaining a driver's license under the influence of alcohol with a blood alcohol content of 0.152%, and driven the four-lanes from the four-lanes in front of the D Association in Daegu Seo-gu C, Daegu-gu, at a speed of about 60km as soon as possible from the point of active service to the point of a monthly village.

At the same time, there was a vehicle that was parked on the road at night, and in such a case, there was a duty of care to safely operate the driver by accurately operating the front door and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant, while neglecting the influence of alcohol and driving on the right side of the front side of the vehicle, was driven by the victim E (the age of 28) who was standing on the right side of the vehicle due to the negligence of driving the vehicle, and received the part behind the left side of the driver's vehicle in front of the right side of the Defendant vehicle.

Ultimately, the Defendant suffered from the victim’s salt, tensions, etc. in need of approximately two weeks’ treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act and the Road Traffic Act (Free Driver’s License) were operated by the Defendant without obtaining a driver’s license in the state of alcohol 0.152% in the 2km section from the front of H located in Daegu-gu, Daegu-gu, to the above location, and without obtaining a driver’s license in the state of alcohol 0.152%.

Accordingly, the defendant is a person who has violated the prohibition on drinking at least twice, and is under the influence of alcohol again.

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