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(영문) 대구지방법원서부지원 2020.08.27 2020고단902
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 Power] On January 14, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B rocketing taxi.

At around 18:40 on February 25, 2020, the Defendant driven the above taxi and proceeded ahead of the 176 Eastern Rig-ro, Seogu, Daegu-gu, Seogu, Seoul-gu, with the front of the 176 East Dong Rig-gu, the front of the ethic distance from the ethic bank.

In such cases, a person engaged in driving duties has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system without under the influence of alcohol.

Nevertheless, the Defendant neglected this and failed to give a proper view to the front bank due to negligence in the influence of alcohol, thereby resulting in injury to the victim, such as datum dump dump dump vehicle driven by the victim C (the age of 58) by being driven by the victim C (the age of 58) for about two weeks.

2. Around 18:40 on February 25, 2020, the Defendant driven B rocketing taxi under the influence of alcohol content 0.085% from the front of the F Hospital located in the Seogu Daegu-gu, Daegu-gu to the same Dong Rig-gu road.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Photographs of the accident site;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. G association membership certificate;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached thereto, such as written judgments);

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and bodily injury caused by occupational negligence, the choice of imprisonment without prison labor), and Article 3(1)

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