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(영문) 대구지방법원 경주지원 2021.03.31 2020고단852
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

[Power of crime] On September 17, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court.

[Criminal facts]

1. Although the Defendant violated the provision prohibiting driving of drinking alcohol as above, on November 2, 2020, Defendant 1 driven eco-car or car in the state of alcohol alcohol concentration of about 0.075% in the 1km section from the packing horse in which around 19:00, it is difficult to find out the apartment near the Jeju apartment at racing to the front road of the D elementary school located in Si-si.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

2. The Defendant is a person who is engaged in driving service of ECos or automobiles in violation of the Special Act on the Settlement of Traffic Accidents.

On November 2, 2020, the Defendant driven the said car under the influence of alcohol level of 0.075% from blood alcohol level around 19:00, while driving the said car at a speed that cannot be seen as the front distance of the F apartment at the time of racing from Ulsan-si to the front distance of the racing, and stopped in the signal atmosphere.

At the time, the driver was at night and at the night, and there were other vehicles waiting for signalling in the vicinity, so in such a case, there was a duty of care to operate the steering gear and brakes accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay attention to the change speed of the air change engine, and was negligent by removing from the air walk to the middle (N) of the air walk, and received the front part of the HXM3 car driven by the Defendant’s vehicle following the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence on the part of the Defendant, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. The defendant's statement in court;

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