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(영문) 대구지방법원 안동지원 2020.01.15 2019고단757
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 23, 2013, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Gyeyang-gu District Court of Suwon on April 23, 2013, and had a total of three times of punishment for drunk driving.

【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 passenger car with B low-speed car;

On August 27, 2019, the Defendant, without obtaining a driver's license at around 23:20 on August 27, 2019, while driving the said mountain-est car with a blood alcohol concentration of 0.098%, was driving along the two-lanes of the flow line down at the point of 180km from the Busan Fri-ri Central Highway at the point of Busan Fri-do, the two-lanes of the flow line at the point of 180km from the Chuncheon bank.

At night, the defendant is the night and the defendant is behind the victim C(51) driving 6.5 tons of the victim C(51) driving in the same direction, so the driver of the motor vehicle is well aware of the situation, and the driver of the motor vehicle is driving the motor vehicle after securing a safe distance to avoid when the truck reduces or stops speed, and the driver of the motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the steering direction and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving strokely while driving strokely, and the back part of the victim’s stroke while normally driving in the front direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

2. On August 27, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license). From around 8km to the place specified in paragraphs (1) and (20), the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.098% without obtaining a driver’s license in the section of about 8 km from the E-House in Ansan-si to the place specified in paragraph (1).

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