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(영문) 대구지방법원 서부지원 2015.04.16 2015고단191
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Power】 On May 27, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch, and on November 20, 2007, issued a summary order of three million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Daejeon District Court.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On November 28, 2014, the defendant, around 18:50 on November 28, 2014, was driving ahead of the old elementary school, which is located in the year-ri of the old-gun, the old-gun, the old-gun, the elderly.

At the time, it was difficult for the driver of a motor vehicle to drive the motor vehicle, because the surface was slick at night and immediately after the blick, a person engaged in driving the motor vehicle has a duty of care to see well the right and the right and the right, to accurately operate the steering direction and the brakes, and not to drive

Nevertheless, the Defendant neglected this and caused injury to the victim, such as a shoulder and arms, which require approximately three weeks of treatment to the victim, who was driven by the victim C(hereinafter referred to as C, 43 years of age) who was driving in the opposite direction as the front part of the passenger car of the Defendant, due to the negligence of being driven under the influence of alcohol content 0.129% of the blood alcohol concentration.

2. Around 18:50 on November 28, 2014, the Defendant was driving a B-hurged car under the influence of alcohol content of 0.129% in the direction of the 300 meters away from the day before the East-dokin’s road located in the Dokin Island of the North Korean People’s Republic of Korea, which is in the Gyeongbuk-gun, North Korean People’s Republic of Korea.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The report on the actual situation and the notification of the control of drinking driving;

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