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(영문) 대구지방법원 2016.05.19 2016고단1250
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant: (a) driven B cab in the 2km section from the Do in front of the four distance from the livestock cooperative that is located in the G-gu Northbuk-dong, Daegu-gu, under the influence of alcohol content of 0.140% during blood on February 2, 2016; and (b) from the Do in front of the three-lane distance in the gym-dong, Daegu-gu, Daegu-gu, the Defendant driven B cab in the 2km section.

2. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving service of B-si.

On February 2, 2016, the Defendant driven the said taxi under the influence of alcohol on February 03:25, 2016, while driving the said taxi, and proceeded at a speed of about 102 km in speed from the port side to the parallel distance of filial trees located in the same Dong-gu Daegu-gu, Daegu-gu.

The location is a three-distance intersection with signal lights, and since it is a road with a restricted speed of 60km, there was a duty of care to prevent accidents by observing the new and restricted speed and driving safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and left at a speed exceeding approximately 42 km, was due to the negligence of left-hand turn, and the victim C(54 tax) driven by the victim C(54 tax) who turn to the right-hand left-hand turn from the Tri-distance side of the registration line to the right-hand side of the taxi driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as a fluoral aggregate in need of approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (on the speed of the vehicle under investigation);

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

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. A tachograph;

1. Ma2 medical certificate, written estimate;

1. Application of the Act and subordinate statutes of the scene photographs, road speed limitation photographs, etc.

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