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(영문) 대구지방법원 상주지원 2017.08.08 2017고단241
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 history] On December 12, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 4 million for the same crime in the same court on April 4, 2016.

[Criminal facts]

1. On May 7, 2017, the Defendant: (a) was driving a DNA cargo vehicle while under the influence of alcohol with approximately 0.065% alcohol concentration in blood without a driver’s license, from around 2km to around 101:05, the third 101 dialogueed between 19:05 and 256-18 at the center of Seodaemun-si around the road in front of 256-18 at the same time, from around 2km to C in front of the same city.

2. The Defendant is a person who is engaged in driving a DPoter cargo vehicle.

On May 7, 2017, the Defendant driven the above cargo vehicle under the influence of alcohol as set forth in paragraph (1) of around 19:05, and led the Defendant to proceed to the intersection of the two-lanes in front of the C in the Gyeong-si B at Lhyeong-si.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear of a driver of a motor vehicle, who is engaged in driving service.

Nevertheless, the Defendant neglected to do so and neglected to stop on the front door of the passenger car of the victim E (Woo, 60 years old) driving, followed the Defendant’s vehicle, and received the part of the Defendant’s vehicle in front of the car.

Ultimately, the Defendant suffered injury to the victim G (e.g., 63 years old) who was on board the said low-speed car due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report and an inquiry report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of teas and driver's licenses;

1. Criminal facts;

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