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(영문) 대구지방법원 2014.09.18 2014고단151
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and two years and six months of suspended execution, and the said judgment became final and conclusive on May 24, 2014.

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

On October 24, 2013, around 12:30, the Defendant proceeded at a speed of about 60 kilometers a speed of 50 kilometers a speed, depending on three lanes in front of the Dong-gu, Daegu-si, Daegu-si, Seoul-si, at a speed of about 30 kilometers a speed, depending on two laness in mountain and mountain villages.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the motor vehicle ahead and to prevent accidents in advance.

Nevertheless, while the Defendant neglected this and is under the influence of 0.084% of blood alcohol concentration, the Defendant is driving a gallon vehicle owned by the Defendant.

The above-mentioned victim E (ma, 28 years old) driving reported the suspension of vehicle signal reds, etc. of the Frocketing car volume of the victim E (ma, 28 years old).

However, because the distance is too difficult, the part behind the above gallon vehicle was concealed in the front part of the above gallon vehicle.

As a result, the Defendant suffered injury to the victim E, the chief passenger G (ma, 57 years old), and the victim H (V, 55 years old), who was seated, due to the above occupational negligence, for about three weeks of medical treatment.

2. Around 13:31 October 24, 2013, the Defendant driven a C gallon vehicle with a distance of about 10 kilometers from the 3-dong-si, Daegu-si, Daegu-si, to the front roads of D in the same Gu, while under the influence of alcohol by about 0.084% of blood alcohol concentration.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act shall spread to Cgallon who did not purchase mandatory insurance on October 24, 2013, around 07:00.

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