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(영문) 대구지방법원 포항지원 2015.05.14 2014고단1233
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2014 Highest 1233] Around 01:50 on April 3, 2012, the Defendant driven a B Damar Cor, and led the two lanes in front of D in south-gu C at the port of port, to go directly from the 88 waterside room to the 40km square at the city.

At the time, the lower surface was milched and commercial buildings, such as restaurants, are concentrated on both sides of the road, and the unauthorized crossing of pedestrians is frequent, so the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and went into operation, and the Defendant did not find out the victim E (50 years of age) who illegally crossed the road on the left side of the road on the left side of the Defendant’s course, and received the victim as the part of the part above the left side of the car.

The Defendant suffered from a serious injury, such as a physical disorder that requires treatment for at least two years and eight months, due to such occupational negligence.

[2015 Highest 130] On February 18, 2015, the Defendant driven a F-observer car under the influence of alcohol concentration of approximately 0.096% at a 200-meter radius from the road front of the cafeteria referred to as the “Huandokin,” which is located in the north-gu Seoul Metropolitan Government, at the time of the port, on the road in front of the cafeteria at the same time.

Summary of Evidence

[2014 Highest 1233]

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. The actual investigation report on each traffic accident;

1. Each medical certificate and a medical opinion attached to a request for cooperation for investigation data (2015 order 130);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver, report on the circumstantial statement, and the control of drinking driving;

1. The relevant law on criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and imprisonment with prison labor;

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