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(영문) 대구지방법원 2013.07.25 2013고단2830
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On February 15, 2013, at around 15:15, the Defendant driven a vehicle gallon with a blood alcohol content of about KRW 0.126% from the 1km section around the Jincheon-dong, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Busan, to the front day of the galton boiler store located in the Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-do.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a gallon car.

On February 15, 2013, the Defendant driven the said car on February 15, 2015, and led to two-lanes in front of the chemical boiler store located in the Gyeongsan-dong in the Gyeongsan-si in the Gyeongsan-si, Busan-do, to the Gyeongsan-si.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance, such as accurately manipulating the steering direction and brake system so that a person engaged in driving of a motor vehicle does not intrude the center line.

Nevertheless, the Defendant, while driving under the influence of alcohol concentration of 0.126%, was negligent in driving while neglecting to drive the central line while putting the two-lanes of the opposite part of the traffic to the person from the side of the light viewing, received the front part of the traffic vehicle of the victim D(50 years old) from the front part of the passenger vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the lower part of the body part of the breath of the breath of the breath in which detailed treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Response to the request for appraisal;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3(1), the proviso of Article 3(2)2 and 8 (Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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