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(영문) 대구지방법원 의성지원 2014.02.13 2014고단2
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

1. On February 12, 2007, the Defendant was issued a summary order of KRW 1 million for a fine of KRW 2 million for a violation of the Road Traffic Act with the sex support of the Daegu District Court as a crime of violating the Road Traffic Act, and on September 19, 201, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

On December 19, 2013, at around 22:15, the Defendant driven B Poter truck while under the influence of alcohol content of about 0.10% in the section of approximately 500 meters from the street of the Onnuri Service Center located in Seogri-ri, Seog-gu, the Gyeong-gu, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the same day.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On December 19, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.10% with blood alcohol concentration around 22:25 on December 19, 2013, and led the Defendant to the front of the Military Service Center in front of the Military Air Force in the Do-Si, Gyeong-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeong-do.

At the time, the driver of a motor vehicle is at night, and is proceeding along the right side, and the driver of a motor vehicle is obliged to accurately operate the steering gear, brakes, and other devices, and has a duty of care not to drive a motor vehicle at a speed or in a manner that harms and obstructs others according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and did not see the victim C (the age of 41) who was walking the right-side area at the time of driving by negligence as above, and received the victim’s left-side shoulder part of the Defendant’s vehicle, thereby causing the victim to suffer approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report, a survey report on actual condition, and a report on the detection of a drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Criminal facts;

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