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(영문) 대구지방법원포항지원 2020.11.25 2020고단1266
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Power】 On December 27, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and a fine of KRW 3 million for the same crime in the same court on April 13, 2012.

【Criminal Administration】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 23, 2020, at around 23:55, the Defendant driven the said car while under the influence of alcohol with 0.037% of blood alcohol level, and led the Defendant to turn to the left at the 5th square square at the south-gu Spanco as at the port of port.

Since there is a signal apparatus installed, there was a duty of care to prevent accidents, such as entering the intersection according to the new code, and to safely drive a motor vehicle driver.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in violation of an intersection signal, received the front part of the vehicle back to the right side of the Defendant’s vehicle, by holding the victim C(E, 25 years old) driving a straight line from the same business distance room to the street side of the road per capita in accordance with the new line.

Ultimately, the Defendant suffered injury to the victim, such as acute climatic salt, which requires treatment for about three weeks, due to such occupational negligence.

2. Around 23:55 on August 23, 2020, the Defendant driven a B-low-water vehicle while under the influence of alcohol alcohol concentration of approximately 0.037% at the section of approximately 1.5km from the Paris store distance opposite to the south-gu, the south-gu, to the 343 Mascco road at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with C 1.

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