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(영문) 대구지방법원 경주지원 2014.01.22 2013고단705

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

On October 13, 2013, the Defendant driven the said car while under the influence of alcohol of 0.179% on blood alcohol level 0.14:05 on October 13, 2013, and changed the course to one lane while driving the road of 80.1km above the Busan Fri-ri Busan Fungn-ri Fungn-si Busan Fungn-si, Seocheon-si, Busan, along the two-lane in Busan, the road of 80.1km above the speed of 110km at a speed of about 110km in the speed of Si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and the left side well, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and led the victim C (the 63-year-old driver) to go on the right side of the victim C(the 63-year-old driver) who was driving in the first lane due to the negligence of changing the lane rapidly into the first lane, and led the victim C driver's above car to the left side side of the driver's above vehicle, and led the victim C driver's above car to go over the opposite lane.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim C, such as salt ties, tensions, etc. in need of approximately three weeks of medical treatment, and injury to the victim E (V, 59 years of age) who is the fluor of the victim C, for about four weeks of medical treatment.

2. The Defendant, in violation of the Road Traffic Act, driven B rocketing car under the influence of alcohol content of about 0.179% at the section of about 30km from the front parking lot of Ulsan-dong 303, Seocheon-gu, Busan-si, Seocheon-si, Busan-si, to the upper 80.1km km road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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. Criminal facts;