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(영문) 대구지방법원 2015.08.20 2015고단2618

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six months.

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

On November 24, 2006, the Defendant issued a summary order of 1.5 million won or more for a violation of the Road Traffic Act at the Daegu District Court on the summary order, and on January 15, 2009, a summary order of 1.5 million won or more for the same crime at the port branch of the Daegu District Court on January 15, 2009 and the records of drinking driving are two or more times.

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

On April 11, 2015, the Defendant, while under the influence of alcohol of 0.228% of blood alcohol concentration on 17:50,000, was driving from the direction of the Yancheon-si and from the direction of the Yancheon-si post office, one-lane road in both sides of the Yancheon-si and the front side of the post office.

In such cases, the driver of the vehicle has a duty of care to safely drive the vehicle with the safety distance from the front vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was able to take the left-hand turn prior to the right-hand part of the said car driven by the Defendant due to negligence in violation of the duty of Jeonju City, which was driven by the victim C(53 years of age) who was driving prior to the right-hand part of the said car, and received the front parts and front parts of the said car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and suffered injury on the victim E (the 49 years old) who was on board the pertinent car driven by the victim, including salt, tension, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the actual state of the driver;

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

1. A report on investigation (Submission of a medical certificate and written estimate);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 3(1), proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;