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(영문) 대구지방법원 안동지원 2014.01.29 2013고단694
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

On May 4, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch, and on January 12, 2012, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime in the same court on January 12, 201, and the said judgment became final and conclusive on January 20, 2012.

The Defendant is a person who is engaged in driving the C Poter, Spos, Spos, and to capsf trucks.

On September 26, 2013, at around 22:40, the Defendant driven the above cargo while under the influence of alcohol with 0.110% of alcohol concentration, and made the front way of the Songo-distance Tak Bank, which is located in the Song-dong-dong-dong-dong-dong-dong-dong, turn to the left at the two-lanes of the wind width.

In this case, the driver has a duty of care to safely drive the steering and brakes by reducing speed and accurately manipulating the steering direction and brakes by taking into account the situation of the front left left and right right.

Nevertheless, under the influence of alcohol, the Defendant: (a) due to the negligence of being negligent in driving, conflicts one-lane of the foregoing Indian boundary line in front of the foregoing other foreign bank; and (b) the victim D(41) driving in the same direction, which was pushed down in the same direction, received the parts above the left side of the cargo vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim D by occupational negligence, such as brain salvin in need of treatment for about two weeks, and injury to the F (V, 47 years of age) who is the passenger of the damaged vehicle, for about two weeks, such as salt dynasium in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A report on detection of a host driver and a circumstantial observation report of a host driver;

1. Each investigation report (to observe the circumstances of a drinking driver, to attach a written diagnosis of a victim, and to CCTV investigation);

1. Previous records of judgment: Investigation reports (invoking records and attachment of judgment), criminal records, and application of Acts and subordinate statutes;

1. Handling of each corresponding Article of the Act on Criminal Facts;

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