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대구지방법원 2015.11.05 2015고단4019

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 11, 2007, at the 50th general military court of the Army on December 11, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act, and on June 16, 2010, a summary order of a fine of 1 million won was issued by the first general military court of the Army and the same crime.

The Defendant is a person who is engaged in driving of a BS-owned vehicle.

On August 4, 2015, at around 10:20, the Defendant driven the above vehicle under the influence of alcohol of 0.108% with a blood alcohol concentration of 0.108%, and, at the same time, the Defendant was driving the vehicle in the direction of Taewon High School in the direction of the Taewon High School with a labbbing road located in Daegu hydro-gu

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding the victim C(72 years of age) driving in the opposite direction, and received the front portion of the victim C(72 years of age) driving in front of the above string vehicle.

As a result, the Defendant suffered from the above occupational negligence, the victim C and the victim E (the 70-year-old) who is the passenger of the said rocketing vehicle, respectively, about two weeks of medical treatment, such as celbows, etc., and each of them suffered from the victim F (the 73-year-old) who is the passenger of the said rocketing vehicle, about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (F, E, C);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A traffic accident report, etc. and a actual survey report;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;