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(영문) 대구지방법원 경주지원 2016.07.07 2016고단119

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

Reasons

Punishment of the crime

On February 8, 2007, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law in the Daegu District Court and the racing support, and on May 23, 2013, the Defendant was sentenced to a fine of five million won for the same 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 DNA cargo vehicle.

On October 31, 2015, the Defendant driven the above cargo vehicle at around 19:15, and proceeded at a speed of about 40km from the racing to the nearest one lane.

The location was a three-distance intersection where signal lights are installed, and the person engaged in driving of a motor vehicle had a duty of care to safely drive the motor vehicle according to the traffic conditions of the front side and prevent all traffic accidents.

Nevertheless, the Defendant neglected to do so, while proceeding in the state of alcohol, and caused the Defendant to go ahead of the above cargo vehicle on the front side.

GM3 Motor Vehicles received a back page of the GM3 Motor Vehicles, and due to its shock, the said SM3 Motor Vehicles were pushed ahead in the future, and the next side of the HM3 Motor Vehicles was chaind.

Ultimately, the Defendant, by its occupational negligence, sustained injury to the victim I, who is a driver of the said SM3 passenger vehicle, such as knee knee in need of approximately three weeks of treatment, and suffered injury to the victim J, who is a passenger of the same car, including knee kne in need of approximately two weeks of treatment.

2. On October 31, 2015, the Defendant driven D Poter truck under the influence of alcohol content concentration of about 3km at around 19:15 on the road in front of about 150-4, 19:15, the same day on the roads in front of the 150-4, the 19:15, and the same day at around 19:15, the Defendant driven D Poter truck under the influence of alcohol concentration of about 0.08%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, and a statement on the circumstances of the driver at the main place;