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(영문) 대구지방법원 2015.09.10 2015고단3193
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:25 on June 18, 2015, the Defendant was under the influence of alcohol by 0.111% on blood alcohol concentration, and the Defendant driven approximately KRW 7 km from the mountain real estate agent front of the Busan Cheongdo-gun, Cheongdo-gun to the front of the road located in B of the same military branch from the mountain real estate agent, which is located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun to the front of C in the same military.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the business of driving Dsch Rexroth.

On June 18, 2015, the Defendant, while under the influence of alcohol as set forth in paragraph (1), driven the said van, and led to two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lanes of two-lane.

At the time of night and the F dump truck drivened by E at the front of the direction of the passage of the passenger car, so in such a case, the driver had a duty of care to safely drive the vehicle and prevent the accident in advance by safe driving while living well.

Nevertheless, the Defendant failed to discover the dump truck which was parked on the front bank while under the influence of alcohol and was negligent in proceeding without finding the dump truck, and received the rear part of the above dump truck as the front part of the Defendant’s sump truck.

In the end, the Defendant, by the above occupational negligence, sustained approximately 13 weeks of medical treatment from the victim G (the age of 43) who was on board the Defendant’s knife at the top of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person in preparation E;

1. A medical certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to report on investigation (tog telephone for passengers of the vehicle under command);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the occupation and injury caused by occupational negligence under Article 268 of the Criminal Act concerning criminal facts, and Article 3(1) of the Act

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