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(영문) 대구지방법원 2014.03.27 2014고단555

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

1. 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 C 1 ton truck.

On November 27, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.075% without obtaining a driver’s license of a motor vehicle, and proceeded at a speed that would not be known to the 1-lane road in front of the New-dong Nowon-gu, Daegu-gu, Seoul-dong Public Security Center as the area of the safe guard office located in the Smamak Center.

At the same time, there was an intersection without signal lights, so that a person engaged in driving of a vehicle has a duty of care to safely drive the brakes and steering gear by reducing the speed of the vehicle and temporarily stopping the vehicle at the intersection, and taking into account the right and the right and the right of the road, and properly manipulating the brakes and steering gear accurately.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded into the intersection as they were, was driven by the victim D(73 years old) who passed from the room of the matha sports park to the half-way road in the middle of the night. The Defendant was driven by the victim D(73 years old) in front of the left-hand part of the vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the victim D by the above occupational negligence, such as an injury to the left-hand dynasium in need of approximately two weeks of medical treatment, and an injury to the victim F of the victim of the damaged vehicle (the 53-year old 53-year fynasium, etc.) for about five weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) set forth in paragraph (1) were driven by the Defendant at approximately 2 km section from the roads in front of the new Dong-dong, Daegu-dong, Daegu-dong, Madong, New-dong, 1-dong, 1-dong, Daegu-dong, to the roads in front of the Public Security Center of Daegu-dong, Daegu-dong, without obtaining a driver’s license, while under the influence of alcohol content of at least 0.075%.

Summary of Evidence

1. The defendant's legal statement 1.