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(영문) 대구지방법원 서부지원 2014.10.23 2013고단971

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On January 17, 2012, the Defendant was sentenced to five months in the Daegu District Court for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and completed the execution of the sentence on February 5, 2012.

In addition, on June 24, 2010, the Defendant was sentenced to a fine of 4 million won for the violation of the Road Traffic Act (driving) in the sex support by the Daegu District Court. On November 1, 2010, the Defendant was issued a summary order of 2.5 million won for the violation of the Road Traffic Act (driving) in the same support.

【Criminal Facts】

The Defendant is a holder of the said car as a person who is engaged in the operation of the CS5 car.

1. The crime committed on March 20, 2013;

A. A. On March 20, 2013, the Defendant driven the said vehicle under the influence of alcohol by 0.092% from the section of about 10km from the Do near the Mani-ri-ri in Daegu Northern-gu to the roads near the Sungpo-ri-dong Sungpo-ri-dong Sungpo-dong, Seopo-gu.

B. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said car at the time specified in the paragraph (a) of Article 1 and driving the said car at a three-lane road in front of the two-lane Haak apartment in the Seogu Seogu Seo-gu, Seogu, Daegu. In order to proceed to the opposite line while driving the three-lane road in front of the two-lane apartment at the boundary of the two-lanes

At that time, there was a center line of yellow-ray, so in such a case, there was a duty of care to make an intern after reaching the permissible point of internship for a person engaged in driving service.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 27) who was driving D 125CC Hatoba with the opposite vehicle due to the negligence of her snitling the central line, thereby getting the victim to play on the floor of the road. In order to avoid the collision with the Defendant’s vehicles her snitling the central line, the Defendant was flicked and hered on the road.