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(영문) 대구지방법원 2013.11.28 2013고단4555

교통사고처리특례법위반등

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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

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 CR car.

On June 1, 2013, the Defendant driven the above vehicle at around 06:00, and led the front of the front of the Japanese audio-visual road in the Daegu Jung-gu Dong-dong, Daegu-gu, to the right angle distance from the Newcheon-gu.

At the time, there is a new wall and a road where the center line of yellow solid lines is installed, so a person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by accurately manipulating the steering system and the steering system by not harming the central line, and by properly checking the steering system and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and got a bicycle driven by the victim D (V) driving from the right-distance side of the right-distance distance due to negligence going beyond the center line, in front of the above vehicle of the Defendant.

In the end, the suspect suffered injury such as the reduction of the cost one-time medical treatment from the victim due to such occupational negligence.

2. Around 06:00 on June 1, 2013, the Defendant driven a vehicle under the influence of alcohol with a blood alcohol content of 0.148% from the 2km section to the front day of the Japanese audio-visual road located in Jung-gu Dong-dong, Jung-gu, Daegu North Korean University located in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report and a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (the extent of damage and attachment of medical certificates);

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act concerning criminal facts.