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(영문) 대구지방법원 포항지원 2014.03.20 2013고단1258
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motorcycle B.

On August 10, 2013, around 20:10, the Defendant driven the above motorcycle while under the influence of alcohol of 0.140% at the five-distance Intersection in front of the “bak Village” located in the north-gu, Mabbb-dong, and became to turn to the left two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the b

Since the location is an intersection with a signal apparatus, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by driving the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to follow the foregoing signals while driving in the state of alcohol, and received the front wheels of the above motorcycle of the Defendant, on the bridge of the victim C (V, 50 years old) crossing the crosswalk at the crosswalk.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the prestigating the upper left-hand body in need of medical treatment for about 14 weeks.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A traffic accident report (1), (2), and a report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 3 (2) (proviso) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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

1. The defendant's blood alcohol concentration level of 0.140% for the reason of sentencing is high, and even though the victim suffered serious injury in need of 14 weeks of treatment due to the accident in this case, agreement with the victim or did not take measures to recover from damage.

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