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(영문) 대구지방법원 2014.12.18 2014고단5739
교통사고처리특례법위반등
Text

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

1. Around October 21, 2014, the Defendant, while under the influence of alcohol on the blood alcohol level of 0.188% on Oct. 21, 2014, driven B car at approximately 300 meters from the front day of the Danwon-dong, Nowon-gu, Nowon-gu, Nowon-gu, Seoul to the front day of the Danwon-dong, Dan-dong, Pho-dong, a swine car at approximately 300 meters.

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

On October 21, 2014, the Defendant driven the above car at around 21:30, and led to the driving of the car in front of the full four-distance road in the Nowon-gu Nowon-gu Nowon-gu, Daegu, to the direction of the Nowon-gu's illegal flow from the direction of the Nowon-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and neglected to take part in the front part of the Defendant’s vehicle, which was driven by the victim C (Nam, 47 years old) who was in the atmosphere of the signal as seen earlier by negligence, and neglected to take part in the front part of the Defendant’s vehicle, and due to its shock, the Defendant got the front part of the Defendant’s vehicle, which was driven by the victim E (Nam, 36 years old) who was in the atmosphere of the above signal, and got the front part of the Faburged vehicle operated by the victim E (Seoul, and 36 years old).

As a result, the Defendant suffered from the victim C’s occupational negligence the injury of saves and tensions that require approximately two weeks of treatment, and the injury of saves and saves that require approximately two weeks of treatment to the victim E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

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

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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