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(영문) 대구지방법원 2013.12.12 2013고단5326
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2006, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on July 20, 2006, and a summary order of KRW 2.5 million to a fine for the same crime from the Western Branch of the Daegu District Court on February 18, 2010.

The Defendant is a person engaging in driving a vehicle in CM518.

On September 8, 2013, at around 00:15, the Defendant driven the said car while under the influence of alcohol with 0.165% of alcohol concentration, and led the driving of the said car to proceed in the direction of the motor-month market in the direction of the Oralo distance.

From the night and immediately after the passage of the above intersection, the center line of the yellow-line is installed. Therefore, the driver had a duty of care to safely operate the car line by checking the right and the right of the front and the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, went through the above long distance intersection by neglecting this, was facing the victim D(22 years old) who was in the atmosphere of the signal signal from the center line of the arms market due to negligence near the center line of the arms market immediately after the Defendant went through the above long distance intersection. The Defendant shocked the victim in front of the motor vehicle in front of the said Defendant’s car.

Ultimately, the Defendant, by occupational negligence, suffered from the injury to the above D, the injury to the fluoral base and the fluoral base, which requires approximately two weeks of treatment to the victim F (22 years of age), the injury to the fluoral base, the injury to the fluor G (22 years of age), the injury to the fluoral base, etc. on the right right side of about two weeks of age, and the injury to the fluor H (22 years of age) in need of approximately two weeks of treatment to the fluor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident (1.2);

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Photographs of the accident site;

1. Each written diagnosis;

1. Records of judgment: Criminal records, etc.;

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