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(영문) 대구지방법원 포항지원 2015.09.10 2015고단310
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

[criminal power] On July 1, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 1, 2008, the summary order of KRW 4 million for the same crime at the same court on July 15, 2010, and the summary order of KRW 6 million for the same crime and the violation of the Road Traffic Act (Free Driver) at the same court on July 15, 201, respectively.

【Criminal Facts】

1. On April 20, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 01:35, the Defendant driven a B LV car with a blood alcohol concentration of 0.214% and tried to drive one-lane of the four-lane two-lanes in south-gu C at the port of port at the time of port at the point of Spo Port Hospital with a large diving distance of 50km.

At all times, since the Franchise car driven by the victim E (n, 34 years old) was stopped due to the signal atmosphere, there was a duty of care to care in advance to prevent accidents by accurately manipulating the steering direction and brake system to the defendant engaged in driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect it at a speed and did not proceed as it was, and instead did so, received the part of the franchise in front of the car.

Ultimately, the Defendant suffered injury to the victim, such as finites and tensions, which require approximately two weeks of treatment by occupational negligence as above.

2. On April 20, 2015, the Defendant was punished twice or more due to drunk driving as above, but at around 01:35 on April 20, 2015, the Defendant driven B LV car at a 1km section from the roads adjacent to the Western market located in the West-gu in the port of port at the port of port to the roads located in the south-gu C at the port of port at the port of port during the influence of alcohol level of 0.214%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. The actual condition survey report;

1. Exemplary drivers;

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