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(영문) 대구지방법원 서부지원 2015.08.27 2015고단832
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 30, 2009, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act at the Daegu District Court, and on May 31, 2012, the Defendant was sentenced to six months for the same crime in its deputy branch branch court of the Daegu District Court, which was sentenced to six months for the same crime, and was sentenced on November 29, 2012, and was sentenced to two or more criminal records for driving under the influence of alcohol at the Daegu Correctional Institution on November 29, 2012.

【Criminal Facts】 The Defendant is a person engaging in driving a rocketing car.

On April 3, 2015, the Defendant driven the said vehicle under the influence of alcohol of 0.192% with a blood alcohol concentration of 0.40%, and led the Defendant to drive the said vehicle at a speed of about 30km from the four-distance side of the death front elementary school at Daegu Seo-gu to the new apartment at a speed of about 30km.

There is a side road that is not distinguished from India and roadway, and there is a lot of pedestrian traffic, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle at a speed and carefully manipulating the steering direction and brake system while the driver of the motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant did not find out the victim E (W, 43 years old) who walked in the same direction from the right side of the running direction of the Defendant due to the negligence of driving while under the influence of alcohol while neglecting the front line, and received the victim with the front part of the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

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

1. Statement of customer status as employer driver, and circumstantial statement of customer status;

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the judgments, etc. of the same kind of suspect), and individuals;

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