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(영문) 대구지방법원 2018.09.12 2018고단3181
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In September 18, 2017, the Defendant’s written indictment “ September 8, 2017” is apparent that it is a clerical error in the indictment “ September 18, 2017.” Since such a clerical error is not likely to substantially disadvantage the Defendant’s exercise of his/her right to defense, it is corrected without going through the amendment process.

A person who has violated Article 44(1) of the Road Traffic Act on two or more occasions by receiving a summary order of a fine of KRW 5 million for a violation of road traffic law in the Seoggu District Court's Seo branch court's order on January 18, 2016, and a fine of KRW 2.5 million for the same crime in the same court on January 18, 2016.

The defendant is a person who is engaged in driving a motor vehicle of the vehicle of the vehicle of the vehicle of the C.

On July 5, 2018, the Defendant, without obtaining a driver's license of a motor vehicle on July 23:00, operated the said motor vehicle under the influence of 0.134% of alcohol content in blood, and led the Defendant to drive the said motor vehicle in the direction of the ero-distance distance from the offline to the calculation of the ero-distance intersection by the compensation for the State bond of Daegu-gu, Daegu-gu, 515.

At the time, the road on which Defendant’s car was driven was a road on which the center line of yellow-ray was installed, so a person engaged in driving service has a duty of care to properly manipulate the steering direction and brake system and prevent the accident from being interfered with the center line and to prevent the accident.

Nevertheless, the Defendant neglected this and went beyond the median line, caused the victim D(28 ) waiting in the traffic signal at the first lane of the three-lanes of the opposite opposite opposite traffic, which was driven by the Defendant as the front part of the Defendant’s front panion.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as dynasium in the bones of wood, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. The principal driver;

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