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(영문) 대구지방법원 2016.11.17 2016고단2309
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

1. Around 06:17 March 5, 2016, the Defendant was driving Done Star Co., Ltd in the state of alcohol alcohol concentration of approximately 0.050% at the section of about 3km from the 3km to the roads in front of the So-young Village located in the Ycheon-si, Gyeongcheon-si, Gyeongcheon-si, North Korea, to the roads in front of C in the Gyeongbuk-si, Gyeongbuk-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Done Starex driver.

On March 5, 2016, at around 06:17, the Defendant driven the above van on the front side of the road in Busan Metropolitan City B, and proceeded at an insular speed, depending on the two-lanes of the two-lane road in the emulculation from the emulculation slope to the same-sex slope.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to proceed with at a safe speed and method according to signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, as in the above Paragraph 1, the Defendant was negligent in driving under the influence of alcohol and in violation of the signal, and was negligent in driving it immediately, and the Defendant did not avoid driving car of the victim E (W, 35 years old) that was driving from the superscopon of the superscopic 5 side in the superscopon of the above intersection, and received the right-hand part of the damaged vehicle due to the front part of the passenger van driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the diversity flasing of diversity, which requires approximately 16 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A petition for E works;

1. Application of Acts and subordinate statutes to such reports on the results of the drinking driving control, photographs, actual condition survey report, diagnostic certificate, and comprehensive traffic accident analysis report;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), the proviso to Article 3 (1), Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents;

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