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(영문) 대구지방법원 2020.12.02 2020고단4351
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

In the Western Branch of the Daegu District Court, the defendant has been notified of each of the summary order of KRW 2 million on June 17, 2008, and the summary order of KRW 1.5 million on August 21, 2008.

1. Around 02:00 on July 2, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) operated Otobba while under the influence of alcohol by 0.074%, and proceeded at the speed of the same-sex elementary school, which is in the waterway of Daegu hydro-gu, with the flow of the same-sex distance from the galwing distance room to the galwing intersection.

In such cases, the defendant engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the front section and the left and right, and accurately manipulating the steering and brakes according to good faith.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C, who was to turn to the left from the opposite direction of the defendant's proceeding, due to negligence, and received the front part of the DNA cargo vehicle operated by the victim C in accordance with the new subparagraph.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On the date and time set forth in paragraph 1, the Defendant driven a breab while under the influence of alcohol with a blood alcohol concentration of about 0.074% at the 1km section from the front of the F in the Daegu Suwon-gu E to the same-sex elementary school and the same-sex distance in the waterways of water.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving (Evidence records 17 pages);

1. A police investigation report (as to photographs, such as an accident vehicle);

1. A medical certificate;

1. Previouss before judgment: Criminal history records;

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