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(영문) 대구지방법원 안동지원 2018.07.06 2018고단105
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 28, 2015, the Defendant was issued a summary order of KRW 1,50,000 for a violation of road traffic laws in the support of the Daegu District Court of the Daegu District, and on April 6, 2016, the Defendant was issued a summary order of KRW 1,00,000 for a violation of road traffic laws (drinking driving). On October 28, 2016, the Defendant was issued a summary order of KRW 1,00,000 for a violation of road traffic laws in the support of the Daegu District Court of the Daegu District, Daegu District Court of the Republic of Korea for the crime of violation of road traffic laws (drawing measurement) and the violation of road traffic laws (drawing driving without a license) and was sentenced to three years of imprisonment for a suspended sentence on November 5, 2016.

[Criminal facts] The Defendant is a person who is engaged in the driving of B M&A car.

On December 31, 2017, the Defendant driven the said car under the influence of alcohol level of 0.136% from blood alcohol level around 01:30 on December 31, 2017, and led D, which is located in Ansan-si C, to the area of the spoch (bell) and the area of the spoch (bell).

Since there is a road where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the front part of the victim E (the 54-year-old driving) driving in the opposite direction from the center line by negligence, and received the front part of the Defendant’s car as the front part of the passenger car.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as a rush with no wound in two markets, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver at home, and notification of the results of regulating drinking driving;

1. Investigation report (Attachment of a detailed report on automobile inspection and maintenance);

1. Previous convictions in the judgment: (A) a response to inquiries, such as criminal history, and the application of the Act and subordinate statutes (A), such as a report of investigation (a).

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