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(영문) 대구지방법원 경주지원 2012.07.04 2012고단381

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

1. On March 16, 2012, the Defendant, at around 21:20, driven a B rocketing car under the influence of alcohol content of about 14km from the front of the office of the Myeon located in the grode in the grode of the mountain-si in the mountain-si, Seocheon-si to the front road of the apartment.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On March 16, 2012, the Defendant driven the above car on March 21, 2012, and continued to drive a road of about 30 km in front of the apartment in the remote city located in the dry-gu Incheon-Eup, Seocheon-si, Seocheon-do.

In this case, the driver of the vehicle has a duty of care to safely operate the vehicle by delaying speed and checking whether there is a pedestrian.

Nevertheless, the Defendant neglected this and found the victim C (the 72 years old), who crosses the road adjacent to the crosswalk to the port from the right side of the Defendant’s running direction due to the negligence of driving a motor vehicle on the same way as above, and found the same victim D (the 67 years old) late, and received victims from the victim in front of the motor vehicle of the Defendant.

As a result, the Defendant suffered from the above occupational negligence to the victim C, such as injury to the upper end of the body, which requires approximately 10 weeks of medical treatment, and injury to the victim D, such as the right-hand confluence, which requires approximately 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A fact-finding survey report and a report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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