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(영문) 대구지방법원 2016.11.24 2016고단3880

교통사고처리특례법위반등

Text

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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 5, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 5, 2012, and by issuing a summary order of KRW 4 million for the same crime at the same court on the 27th day of the same month.

【Criminal Facts】

1. On May 1, 2016, around 05:30 on May 1, 201, the Defendant driven C rocketing car while under the influence of alcohol content of about 0.113% at the section of about 40km, from the front day of the package-down car in the trade name in Busan Shipping and Daegu to the front day of the Daegu metropolitan highway 15.4km in Gyeongnam-si, Kim Jong-do.

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

On May 1, 2016, at around 05:30, the Defendant driven the said car while under the influence of alcohol, and driven the two-lane road at 15.4km away from the central highway located in the upper east-si, Kim Jong-si, Kim Jong-si, the Defendant driven the two-lane road at 15.4km away from the border of the Kimhae-si.

Since there is a three-lane expressway, in such cases, the driver has a duty of care to prevent accidents by properly sponsing the front line, complying with the wheel line, and accurately manipulating the steering and brake system.

Nevertheless, the Defendant neglected this and neglected to drive a stroke, and neglected to drive a stroke in the same direction two-lanes of the victim D (the age of 44) driving, followed the left-hand side of the cargo vehicle, and received the part that was loaded on the victim D (the age of 44) driving in front of the right-hand side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the primary driver;