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(영문) 대구지방법원 2016.05.12 2016고단365
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 20, 201, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) in the port support of the Daegu District Court on January 2011.

[Criminal facts] The Defendant is a person who is engaged in driving freight B.

On November 7, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.133% without a driver’s license of a motor vehicle on November 22:40, 2015. The Defendant was driving the said vehicle in the direction of Busan, if he was found to have been in the direction of the location of the vehicle, instead of being in the direction of the location of the vehicle.

Since there is a center line of yellow solid lines, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles by accurately manipulating the steering and steering gear in a state where the center line is not invaded.

Nevertheless, the Defendant neglected to do so and received the part of the left part of the instant cargo vehicle E, namely, the victim D(52) drive on Marin, 198, as the part of the instant cargo vehicle.

Accordingly, the Defendant suffered from the injury of the victim D and the victim F (the victim F (the victim 50 years old), who is the passenger of the above cargo, due to the above occupational negligence, about 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An inquiry into the results of crackdown on drinking driving, a license of the party involved in the accident, a tea, an insurance inquiry report, and a survey report on actual condition;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, respectively, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and Article 152 of the Road Traffic Act;

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