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(영문) 대구지방법원 상주지원 2014.11.04 2014고단453
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 11, 2014, the Defendant was under the influence of alcohol by at least 0.125% from the 4km section from the front of the resident agency of Gyeyang Agricultural Machinery, which is located in the Gyeongcheon-ro, Gyeongcheon-do, to the front road of the middle-dong post office, both of which are located in the same city, at around 17:15 permanently.

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

On August 11, 2014, at around 17:15, the Defendant, while under the influence of alcohol, driven the above van and proceeded with a middle-dong post office in front of the middle-dong 1-dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle in a safe manner by taking the front, left, and left well.

Nevertheless, the Defendant, while under the influence of alcohol, found the victim C (n, 69 years old) driving on the right alleyway to the right edge of the Roman course while driving, and was taking action of operation, but did not avoid it, and caused the victim to go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the right side of the victim requiring approximately 12 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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