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(영문) 대구지방법원 김천지원 2015.04.16 2015고단149
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:37 December 26, 2014, the Defendant driven a CM3 vehicle under the influence of alcohol content of about 0.125% from the 3rd section of the 3rd section of alcohol alcohol alcohol concentration, from the grytropha road in the Yellow-si, Sinsi, Gumi-si, to the electronic publication distance in the Gumi-si, Gumi-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving of CM3 automobiles.

On December 26, 2014, the Defendant driven the said car from a three-distance from the electronic public notice box located in the Gu, Si, Si, Si, Gu, and Gu, and led to the flow of the said car from the human room to the private distance of the tax office in the state of alcohol as above.

It was a road with signal apparatus, so a person engaged in driving a motor vehicle has a duty of care to observe the signal and prevent accidents in advance by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and went to the right side of the victim D(28 years old) driving to turn to the right side of the electronic public notice from the distance room of the tax office due to negligence in violation of the signal of stop, and received the front side of the above SM3 car from the Defendant’s driving.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as the escape of the shoulder that requires approximately 4 weeks of medical treatment, and the injury to the victim F (F, 19 years of age) who was boarding the said SM5 car of the victim D driving for approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. G statements;

1. A traffic accident report, a report on the actual state of a driver, a photograph, a survey report on actual condition, and on-site photograph;

1. Application of Acts and subordinate statutes to each medical certificate and opinion attached to an investigation report (referring to the submission of a medical certificate);

1. Relevant Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

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