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(영문) 대구지방법원 2017.07.06 2017고단2482
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 16, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic laws at the Daegu District Court (drinking driving), and on November 10, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court on August 10, 2016, and is still pending in the appellate court.

[Criminal facts] The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On March 4, 2017, the Defendant, “0.119%” stated in the written indictment of 0.116% of alcohol content in the blood transfusion around 01:35, is a clerical error (Evidence No. 14, 15 of the evidence record) and driven the said vehicle without the driver’s license, thereby making the vehicle turn to the left from the direction of the Yeongdeungpo-gu Police Station in the direction of the shift distance.

Since the place is an intersection, a driver of a motor vehicle has a duty of care to safely turn to the left by using the center inside the intersection in advance along the center line of the road.

Nevertheless, the defendant neglected this and failed to properly operate the steering gear while making a left turn to the left at the same direction as the victim C who was driving at the two-lane of the same direction due to the negligence of failing to properly operate the steering gear, and received the part of the DF car's left turn and the part of the DF car's left turn to the right side and the front side.

As above, the Defendant caused the victim by negligence in the course of business to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report, summary order, 2016 punishment, 39721 output of the official collection, to statutes;

1. Article 148-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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