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(영문) 대구지방법원 2016.01.21 2015고단5603
교통사고처리특례법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[criminal history] Defendant B was issued by the Daegu District Court on April 24, 2009 a summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving), and on April 29, 2010, Defendant B was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving).

[Criminal facts]

1. Defendant A is a person who is engaged in driving a car in Clock.

On September 8, 2015, the Defendant driven the above car at around 23:45, and proceeded to the intersection of the entrance of Yongcheon-gu, Yongcheon-si, Chungcheongnam-do, at the east of the central shooting distance.

It is an intersection where the center line of yellow solid lines is installed in one lane, and therefore, it is prohibited to overtake, so there was a duty of care to make a person engaged in driving service not be able to keep the difference.

Nevertheless, the Defendant neglected to turn to the left at the front of the driving direction of the Defendant, and proceeded with the central line in order to overtake the DM5 car driven by B, which is driven by B, in order to pass to the left at the front of the driving direction of the Defendant, and was operated by the Defendant as the top part of the above CM5 car driven by the Defendant, and received a large part of the fences around the left side of the said SM5 car.

Ultimately, the Defendant suffered losses from the victim E (29 years old) who is a member of the passenger car in the foregoing line that the Defendant driven by the above occupational negligence.

2. On September 9, 2015, Defendant B driven a DM5 vehicle at a section of approximately 1km from the front side of the central pharmacy located in Gyeongcheon-si, Chungcheongnamcheon-si, Chungcheongnamcheon-do to the entrance into the territorial intersection located in the same city, while under the influence of alcohol content of 0.130% during blood transfusion around 00:25 on September 9, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Copies of medical records;

1. A report on investigation (to hear statements from victims);

1. CDA 1.

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