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(영문) 대구지방법원 김천지원 2015.11.25 2015고단1124

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

On October 29, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on the summary order on August 29, 201, and on August 29, 2013, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act, etc. on at least two occasions, and is engaged in driving of a motor bicycle of KRW 125c. C.

On August 17, 2015, the Defendant driven the above motorcycle while under the influence of alcohol 0.139% of alcohol level around 21:45 on August 17, 2015, while driving the motorcycle, and driving it on the front side of the road in Gumi-si D at Gumisi, without obtaining a motorcycle driver’s license.

In the apartment room in the city, it was proceeded to the protection of the human elementary school located in the Gu and the Gu.

At the time, in such a case at night, there was a duty of care for those engaged in driving of a motor vehicle to live well the right and the right and the right and the right and the right and to accurately operate the steering gear and the system.

Nevertheless, under the influence of alcohol, the Defendant got off the side side of the victim F (the age of 28) who walked on the side side of the same side by negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, a traffic accident actual investigation report, and on-site photographs;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports [including reports on criminal records of the same kind of suspect and attachment of summary orders (including attachment of summary orders)] shall apply to statutes;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;