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(영문) 대구지방법원 서부지원 2021.01.20 2020고단2475
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) by the Daegu District Court. On April 28, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on October 12, 2015, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seog branch of the Daegu District Court.

The defendant is a person who is engaged in driving a B-L car.

On July 12, 2020, the Defendant driven the said car with a alcohol content of 0.103% 0.10% in alcohol during blood transfusions, and led to the road of 5 lanes in front of the headquarters in the Daegu-gu Gyeong-gu Gyeongnon Regional Headquarters located in LH Gyeong-gu, Seoul, along the four-lanes from the four-lane radius in the middle of the month to the commercialization.

At the time, automobiles in the front section of the defendant's car stops temporarily due to the vehicle stop, so there was a duty of care to properly operate steering gear and brakes for those engaged in driving business, to keep the distance from the front section sufficiently, and to drive safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop at the Defendant’s vehicle charging at the Defendant’s driver’s vehicle charging room, was able to drive the victim C ( South, 46 years old) who was under the drive of the Defendant’s vehicle driving and received the part of the Defendant’s driver’s vehicle driving range.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the instant victim C and the victim E (V, 45 years of age) who is the passenger of the said victim and the damaged vehicle, such as the cump salt in the part requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting traffic accidents in C’s written statements;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previouss before ruling: A reply to inquiries, such as criminal history, and a report of investigation (verification of criminal history).

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