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(영문) 대구지방법원 김천지원 2020.07.23 2020고단449
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the defendant shall be sentenced to the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 13, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on March 13, 2008, and a fine of four million won due to a violation of the Road Traffic Act (driving) in the same court on March 25, 2014, respectively.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in the operation of B rocketing sirens car.

On February 25, 2020, at around 00:55, the Defendant driven the said car while under the influence of alcohol of 0.081%, and led to the driving of the said car into one-lane of the two-lanes from the eudal bank to the C apartment room at the eudal bank.

In this case, there was a duty of care to safely drive a vehicle that stops over the first and second lanes. In such a case, the driver of the vehicle has a duty of care to see the front door and accurately manipulate the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the right side of the driving direction of the victim D(24 years old) driving, which was parked on the right side of the driving direction, and received the part behind the left side of the new EMF rocketing and the part above the passenger car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as salt pans, tensions, etc. in the tensions, tensions, etc. in need of approximately two weeks of treatment on the part of the victim F (25 years of age), and suffered injury to the victim F (25 years of age) of the tensions, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said rocketing car under the influence of alcohol with approximately 0.081% of alcohol level in the 1km section from the front of H in Gumi-si G at the same time to the front of the said C apartment at the same time.

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

Summary of Evidence

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