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(영문) 대구지방법원 2015.08.27 2015고단2125

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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 23, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on June 26, 2012, respectively, at the Seogu District Court Branch Branch of the Daegu District Court on November 23, 2009.

The Defendant is a person who is engaged in driving of CAD vehicles.

On March 6, 2015, at around 05:30, the Defendant driven the above vehicle while under the influence of alcohol of 0.105 percent of blood alcohol concentration. On March 6, 2015, the Defendant was driving the vehicle in the direction of solar distance in accordance with the two-lanes of the front E in Daegu Jung-gu, the two-lanes of the E in the direction of solar distance, and changed the lane into one lane.

In such cases, a person engaged in driving motor vehicles has a duty of care to safely change lanes by taking into account whether there is a vehicle in the lane that intends to accurately operate and change the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to change the lane, and received the front part of the above Aridi vehicle from the victim F (year 61) driving G in the same direction.

As a result, the Defendant suffered, by negligence in the above business, the injury of the victim F, such as Dam typ, tensions, etc., which requires approximately 2 weeks of medical treatment to the victim H(54 years of age) who is the passenger of the above taxi vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Each written diagnosis;

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

1. A traffic accident report and a traffic accident report (1);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act concerning criminal facts;