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(영문) 대구지방법원 포항지원 2017.02.14 2016고단1593
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 10, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by a driver of a low-speed car in B, B, and proceeded ahead of the long-distance road at the north-west port, E.W., E., E. B, E., E., E., E. B., E., E., E., E., E., E. B., E., E., E., E., E., E., E.W. at the north-west port from the north-west market

At this point, all drivers have the duty of care to safely drive along the right-hand lane of the lane when they make a right-hand at the intersection.

However, the Defendant neglected this and caused the Defendant’s negligence of bypassing from a straight lane with a alcohol level of 0.091% in the blood while under influence of alcohol leveling to the right side of the Defendant’s low-speed bus, which was driven by the victim C in the second lane around that time, and shocked into the right side of the Defendant’s low-speed bus driving.

Ultimately, the Defendant suffered approximately three weeks of tensions, tensions, etc. from the victim due to the above occupational negligence.

2. On December 28, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Port Support of the Daegu District Court on May 2, 2016, and a summary order of KRW 1,50,000 as a fine for the same crime from the Port Support of the Daegu District Court on May 2, 2016.

Although there have been two or more records of force punished for driving alcohol as above, the Defendant driven a motor vehicle with a low-speed level under the influence of alcohol level of about 0.091% in the 350m section from the front of the apartment site to the place specified in paragraph (1) in the north-gu at the port.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. Previous convictions in the judgment: (A) a reply to inquiry, and the application of Acts and subordinate statutes on investigation reports (verification of the same kind of drinking force);

1. Relevant Articles and choice of punishment concerning facts constituting the crime;

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