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(영문) 대구지방법원 2014.10.16 2014고단4078
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B Poter freight vehicle.

On July 17, 2014, the Defendant driven the above vehicle under the influence of alcohol level of 0.149% without obtaining a driver's license on July 23:5, 2014, and led to the driving of the said vehicle along the two-lanes between three-lanes from the dypical surface of dypology to the Lypology C.

In such cases, when a person engaged in driving a motor vehicle changes a lane, he/she has a duty of care to operate a direction direction, etc. to give prior notice of a change of course and to change the situation of traffic before and after the change.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was on the left side of the Defendant’s driver’s vehicle, while driving three-lanes as it was due to the negligence of changing the course to the right side as is, and received the front left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered from the injury, such as salt, tension, etc., of the trend that requires approximately two weeks of medical treatment to the victim G (the 19-year old-age), who is the passenger of the victim E and the damaged vehicle due to the foregoing occupational negligence.

2. On the date and time set forth in paragraph (1), the Defendant driven the said vehicle from a cafeteria on the mutual influence of 0.149% in the blood alcohol concentration without the driver’s license to a 300-meter radius from a cafeteria in the fluoron management of the fluoron, Pacific-gun to the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. A medical certificate (E), a medical certificate (G);

1. Application of Acts and subordinate statutes, such as photographs of accident sites;

1. Article 3(1), proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.

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