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(영문) 대구지방법원 서부지원 2015.12.15 2015고단1724
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a low-speed car B.

On June 27, 2015, the Defendant driven the said car under the influence of alcohol of 0.141% with a blood alcohol concentration of 0.141%, and proceeded at approximately 40-50 km per hour on the surface of the Dan-do in front of the D cafeteria in Daegu-gun C from the Don-si to the Don-si.

At the time, there was a difficulty in surrounding areas at night. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering ray and operating the steering system of the vehicle.

Nevertheless, the Defendant was found to have been driving prior to the driving of the light by the victim E (the age of 43) due to negligence while neglecting this, and was found late to avoid this. However, the Defendant did not avoid it, but was in front of the passenger car of the victim and was in front of the passenger car of the Defendant.

As a result, the Defendant suffered injury, such as an open frame of the body body body body felbling, accompanied by a felball that requires approximately 16 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. A medical certificate;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the points of covered comprehensive insurance, the points agreed with the victim, and the points of penalty exceeding fines);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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