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(영문) 대구지방법원 김천지원 2014.09.04 2014고단803
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2011, the Defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court, and a fine of 3.5 million won for the violation of the Road Traffic Act in the same court on December 1, 2011, and 3.5 million won for the violation of the Road Traffic Act.

1. 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 3, 2014, at around 07:01, the Defendant driven the above vehicle while under the influence of alcohol of 0.117% with a blood alcohol concentration of 0.17%, and continued to drive the vehicle along the five-lane road of the race distance of the Gu-U.S. in the Gu-U.S. Jin-si, along the four-lane distance from the human driving distance to the multi-public safety.

A person engaged in driving motor vehicles has a duty of care not only to drive a motor vehicle while under the influence of alcohol, but also to properly see the boom and left and right, and to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and was under the influence of alcohol, and was under the influence of driving the victim C(62 years of age) who stopped in order to wait for the signal in front of the road at the time when he was at the time when he was boomed. The Defendant was under the influence of driving the victim C(62 years of age) in front of the right side of the passenger car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) re-driving two times or more, and the Defendant driven the said vehicle under the influence of alcohol at approximately 4 km section from the temporary border of the Gu and Sim-si (hereinafter referred to as the “Gum-si”), to the front road of the Gum-si in the Gum-si, Sim-si (hereinafter referred to as the “Gum-si”), with a blood alcohol concentration of about 0.17%.

Summary of Evidence

1. Defendant's legal statement;

1. C Police Statements;

1. The report on the occurrence of a traffic accident, related photographs, and the report on the actual state of a driver;

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