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(영문) 대구지방법원 포항지원 2014.10.16 2014고단778
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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On June 6, 2014, the Defendant driven the above cargo vehicle while under the influence of 0.136% alcohol level without obtaining a driver's license on June 11, 2014, and led to the flow from the mountain intersection to the west tunnel.

Since the center line is installed according to the separation of the center, there was a duty of care to safely operate the vehicle to the vehicle driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line due to negligence, and was driving by the injured party C(the age of 42) and the F SP-type car driven by the injured party E(the age of 54). The Defendant was forced to rapidly stop the said SP-type car, and the HH-type car driven by G was not stopped due to the failure to stop the vehicle at hand, and the vehicle behind the said SP-type car was followed by the front part of the vehicle at hand, and the vehicle at the SP-type was pushed by the shock-type.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim C, such as light fluoral salt in need of treatment for about two weeks, and the injury to the victim E, such as light fluoral salt in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. The actual condition of traffic accidents;

1. Report on detection of drivers and the register of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso to Article 3(2)2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act - Articles 148-2(2)2, and 44(1) of the Road Traffic Act - Articles 152 subparag. 1, and 43 of the Road Traffic Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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