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(영문) 대구지방법원 2015.04.16 2015고단73

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On September 18, 2009, the Defendant was issued a summary order of 1.5 million won for the same crime in the Seocho Branch of the Daegu District Court as a crime of violation of the Road Traffic Act (driving). On December 29, 2009, the Defendant was issued a fine of 2 million won and a summary order of 1.5 million won for the same crime.

【Criminal Facts】

The defendant is a person who is engaged in driving a C low-est car.

On November 25, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.114% 0.14% around 22:30, and changed the two-lanes of the New Daegu Busan Busan Busan Metropolitan City Highway located in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Busan Metropolitan City (60.4km) along the two-lanes from Daegu to Busan Metropolitan bank.

In this case, the driver of a motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction, etc. in advance and to change the lane safely by taking into account the traffic conditions of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected this and changed the lane to the left-hand side, and caused the victim E (52 years old) who was operating a DNA motor vehicle from the latter side of the first lane to make a sudden operation in order to avoid collision with the Defendant.

Ultimately, due to the above occupational negligence, the Defendant inflicted bodily injury on the victim E, such as salt, tension, etc., in need of approximately two weeks of medical treatment, and the victim F (V, 52 years of age) who was accompanied by the victim F (V, 52 years of age) who was on the top of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person in preparation E;

1. Each written diagnosis;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Each investigation report (with respect to the victim's F phone investigation, 2-rolling stock driver E phone investigation, and the official application of the Madmark);

1. Previous convictions: Application of Acts and subordinate statutes, such as a copy of judgment;

1. Criminal facts;

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