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(영문) 대구지방법원 포항지원 2015.11.19 2015고단711
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 700,000,000 as a fine for the same crime from the Youngdong Branch of the Daegu District Court on November 26, 2009.

Around 03:00 on August 7, 2015, the Defendant driven a motor vehicle with blood alcohol level of 0.101%, and changed the two lanes in front of the “Dcafeteria” located in North-gu C at the port of port from the passenger ship terminal to the two-lane office at the port of port.

At the time, since the vehicle was at night and had attempted to change course, there was a duty of care to check and proceed with safety of course by operating direction direction, etc. in order to give prior notice of change of course and by properly examining the traffic conditions of the front and rear.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and proceeded in the same direction as the Defendant 28 years old, and failed to discover the F e.g. car driven by the victim E (the age of 28) who was driving in the same direction as the Defendant, and thereby received the part of the F e.g. part after the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim E, such as a shouldered salt and tension, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and the victim G (the 26-year-old age-old) who is a passenger of the lives of the lives loan, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each written diagnosis;

1. The actual survey report and on-site photographs;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to the same summary order);

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

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