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(영문) 대구지방법원 포항지원 2016.04.07 2016고단45

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

Reasons

Punishment of the crime

[criminal history] On August 3, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act in the Port Support of the Daegu District Court (LA) and a summary order of KRW 2 million as a fine in the same court on June 24, 2015.

[2] On November 7, 2015, the Defendant driven a B K7 car with alcohol level of 0.094% during blood transfusion around 19:25, while under the influence of alcohol level of 0.094% on November 7, 2015, and led the three-lanes in front of the south west-gu, Seoul Metropolitan City, the north-gu, Seoul Metropolitan City, to the two-lanes from the north west to the south west.

At the time, there is a place where the intersection is installed and the center line is the yellow solid line, so the person engaged in driving service has a duty of care to thoroughly see the front city and to safely operate the vehicle.

However, under the influence of alcohol, the Defendant was negligent in neglecting this, and the part of the Defendant’s front criminal part of the passenger car driving ahead of the Defendant’s vehicle, which was driven by the victim C (30 Do) who was waiting in the signal waiting in the direction opposite to the Defendant’s vehicle driving by the fluence line, which was installed along the intersection.

The Defendant: (a) due to the foregoing occupational negligence, caused the Victim E (V) who was on board the franchise to take approximately 3 weeks of clocks and tensions in need of approximately 2 weeks of treatment; (b) clocks and tensions in need of approximately 3 weeks of treatment to the victim F (V, 27 years of age) who was on board the franchise in the passenger car; (c) clocks and tensions in need of approximately 2-day treatment to the victim G (V, 55 years of age) who was on the flock in the passenger car; and (d) clocks and tensions in need of approximately 2-day treatment to the flicker G (V, 55 years of age) who was on the flock in the passenger car; and (e) clocks and tensions in need of treatment for about 10 days of treatment to the victim H (V) who was on the flock in the passenger car.

Summary of Evidence

1. Statement by the defendant in court;

1. Police in relation to C.