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(영문) 대구지방법원 2019.07.10 2019고단1210
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

On March 13, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on March 13, 2009, and on January 18, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on January 18, 2008.

1. On March 3, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B rocketing car with blood alcohol concentration of 0.090%, and led the Defendant to drive the B rocketing and other automobiles at a low speed depending on one lane between the four-lane distance from the airport intersection and the two-lane distance from the port intersection.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the defendant was driven by the victim D (year 43) who stops in the same lane where he was negligent in neglecting the duty of care, and was driven by the defendant in front of the foregoing car.

As a result, the Defendant suffered injury to the victim D, such as injury that is early needed to be treated for about two weeks, injury to the victim F (F) who was on board the said car for about two weeks of medical treatment, such as injury that is early needed to be treated for about two weeks of medical treatment, injury such as injury that is being taken for about two weeks of medical treatment to the victim G (V) for about two weeks of medical treatment, and injury such as salt, tension, tension, etc. to the victim H (V) for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) even though he had been in violation of the provision prohibiting the drinking operation of a motor vehicle twice or more as seen above, from the front of a mutually influent restaurant near Daegu-gu, Daegu-gu around 15:50 on March 3, 2019.

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