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(영문) 대구지방법원 2014.11.13 2014고단4464
도로교통법위반(음주운전)등
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

1. Around 20:10 on August 23, 2014, the Defendant driven a CNAS car at a section of about 500 meters from the 50-meter distance to the Hayang-si Sinsan-si Sinsan-si Sinsan-si Sinsan-si under the influence of alcohol content of 0.280%.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CNS car.

The defendant, like the above paragraph (1), proceeded along three-lanes from the Daegu to the Yongcheon-si, Seoyang-si, Seoyang-si, Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure that he/she shall not drive a motor vehicle at a speed and in such a manner as to cause any danger and injury to others according to road traffic conditions by accurately manipulating the steering system, brake system, etc. of

Nevertheless, the defendant's negligence of changing course to two lanes, which led to a conflict between the right side of the E-cracked car driven by the victim D (Nam, 39 years old) who was driving along the two-lanes, with the left side side of the defendant's car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D’s base and tension, and the injury to the victim FF (ma, 67 years old) who was boarding the pertinent cruise car with approximately two weeks’ medical treatment, and the injury to the light-based base and the light-based base in need of approximately two weeks’ medical treatment to the victim G (V, 62 years old).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement, a medical certificate, and a medical certificate;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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