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(영문) 대구지방법원 2013.06.27 2013고단3052
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 10, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court on July 10, 2006, and a suspended sentence of two years for six months for a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on November 5, 2009.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B high-speed.

On February 13, 2013, at around 00:10 on February 13, 2013, the Defendant driven the said car under the influence of alcohol level of 0.116% without a driver's license, and led the two-lanes of the two-lanes of the road in front of the good convalescent hospital located in Newcheon-dong, in the direction of the intersection.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without harming the center line by accurately operating the steering and steering gear.

Nevertheless, the Defendant, while driving under the influence of alcohol, was due to the negligence of the Defendant's vehicle going beyond the median line, and led to the collision of the victim C(54 years old) driving with the opposite direction of the Defendant's vehicle.

The Defendant, by negligence, suffered from the victim E (the victim, who was on board the damaged vehicle, about 4 weeks of injuries, such as clocks and tensions, which require approximately 3 weeks of medical treatment, and the victim E (including clocks) who was on board the damaged vehicle for about 31 weeks of medical treatment.

2. On February 13, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) on or around 00:10 on or around February 13, 2013, the Defendant is under the influence of alcohol by 0.116% of blood alcohol level without a driver’s license, and the same hydro-gu water level 4 from the road in front of the so-called Simne-dong, Daegu Northern-gu, the front road in front of the so-called Simne-dong.

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