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(영문) 대구지방법원 2015.11.05 2015고단3898
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

1. On August 7, 2015, at around 01:25, the Defendant driven C-roping car under the influence of alcohol content of about 400 meters from a section of about 400 meters, from the day front of a restaurant in the mutual influence in the Guamro (Guamamamco) of Daegu to the day front of the voltage in the same route (Guamco), to the day on which the blood alcohol content is 0.142%.

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

On August 7, 2015, the Defendant, at around 01:25, driven the said car under the influence of alcohol content of 0.142%, and continued to drive the said car along one lane from the port of destination to the epoch of the national eporaculation distance in front of the pressure gate in Daegu Northern-gu, Seoul, along with one lane.

However, at the front of that place, the victim D(41 years old) was waiting for and stopping the Eststuna vehicle, and thus, in such a case, the Defendant was obliged to take care of the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving at the front time while neglecting the front time while driving the said vehicle, and received the front part of the said driver’s car after the Defendant was driving.

As a result, the Defendant suffered injury to the victim, such as brain salute, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in D;

1. A medical certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the occupation and injury by occupational negligence under Article 268 of the Criminal Act concerning criminal facts, and Article 3(1) and (2)

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