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(영문) 대구지방법원 2015.11.12 2015고단4652
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a B Carren vehicle under his/her own possession.

On September 9, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.137% of blood alcohol concentration around 03:30 on September 9, 2015, and continued to drive the vehicle in the direction of voltage in the direction of pressure, depending on the two-lanes between the four-lane distance near the intersection of Yong-Namnam University located in the Gyeongsan-si.

Since there is an intersection where signal apparatus is installed at a front door, a person engaged in driving a motor vehicle has a duty of care to safely drive a motor vehicle in accordance with the signals by accurately operating the steering and steering gear.

Nevertheless, the Defendant, by negligence, committed in violation of the signal signal apparatus of a front-side vehicle, received the front part of the front part of the front part of the victim C(50 years old) driving in the direction of pressure from the long-distance direction, without a license plate for the victim C(50 years old) driving.

이로써 피고인은 위와 같은 업무상의 과실로 피해자에게 약 10주간의 치료를 요하는 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A medical certificate;

1. On-site photographs and photographs of distressed images;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., including orders to attend lectures or orders to provide community service;

1. The sentencing criteria;

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