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(영문) 대구지방법원 2016.08.11 2016고단2185

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 25, 2008, the Defendant was sentenced to a summary order of 1.5 million won for a violation of road traffic law in the Daegu District Court Kimcheon, etc., and on March 22, 2016, the Defendant was sentenced to a summary order of 6 million won for a violation of road traffic law in the Daegu District Court Kimcheon support, and on March 17, 201, was sentenced to a fine of 6 million won for a violation of road traffic law. On March 17, 2011, the Defendant was sentenced to a suspended sentence of 2 years for a suspension of the execution of 6 months for a violation of the provision on prohibition of driving under the influence of alcohol on at least two occasions.

[Criminal facts]

1. On March 23, 2016, the Defendant driven a D-6 vehicle under the influence of alcohol concentration of approximately 0.077% in a section of about 10km from the distance near the gold market located in the smooth-dong, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the C next road located in the Gyeongbuk-gun, G-do, Seoul Special Metropolitan City.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a D A6 car.

On March 23, 2016, the Defendant driven the said car on the roads adjacent to C, located in G, G, B, 016, around 08:25, and led to the flow of the said car at a U.S. speed of the U.S., one-lane of the two-lane roads from the intersection of the South and North U.S., to the luminous intersection.

At this point, the center line of yellow solid lines is installed, and the victim E (46 cm) was 5 tons truck in the opposite part, so a person engaged in driving service has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Nevertheless, the defendant did not avoid the above-mentioned damaged vehicle that was driven by the center line due to the negligence of driving the center line under the influence of alcohol as stated in the above-mentioned Paragraph 1, which was driven by the defendant's negligence on the front part of the vehicle operated by the defendant, with the front part of the vehicle driven by the defendant.

In the end, it is eventually.