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(영문) 대구지방법원 서부지원 2014.06.13 2014고단464

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than six months;

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a gallon or a gallon.

1. On March 9, 2014, at around 14:52, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, while driving the said vehicle under the influence of alcohol of 0.194% of alcohol content, and continuing to drive the said vehicle without stopping the amount of Drocketing or other vehicle owned C owned by C, which was parked in front of the culture and arts center located in the Sungdong-gu, Seogu, Daegu, and without damaging the repair cost of KRW 1,083,458, while continuing to drive the said vehicle without stopping. On the same day, at around 15:25, the Defendant driven the three-lane road ahead of the Sungdong bicycle rental center in the direction of the culture and arts center along one-lane distance from the two parks.

Although a person engaged in driving a motor vehicle has a duty of care to avoid an accident by driving a motor vehicle in advance by driving the motor vehicle in a safe way, such as accurately operating the brake system, the motor vehicle operator was under the duty of care to prevent the accident by driving the motor vehicle in advance, due to the negligence of driving the motor vehicle while neglecting the duty of care as above, and was under the duty of care of the victim E(64 years old) to drive the motor vehicle by driving the motor vehicle in advance.

Ultimately, the Defendant suffered salt and tensions to the victim by occupational negligence, which requires approximately two weeks of medical treatment.

2. On March 9, 2014, at around 14:52, the Defendant: (a) driven a gallon vehicle with a blood alcohol concentration of at least 0.194% from the parking lot of a gallon in the second-class park located in the second-class city of Daegu Seo-gu, Daegu-gu to the front roads of the bicycle rental house; (b) the Defendant driven a gallon vehicle with a blood alcohol concentration of at least 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of each traffic accident and a report on actual condition investigation (one and two copies);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment concerning criminal facts;