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(영문) 대구지방법원 2016.06.09 2016고단1498
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2016, the Defendant violated the Road Traffic Act (divation of alcohol) driving a B-A-di vehicle while under the influence of alcohol level of about 4km from a non-cafeteria located in the Geum-gu Geum-dong, Daegu to the front road of the "Dong-gu, Daegu-ro," located in the 123-ro, Tae-gu, Tae-gu, Tae-gu, Daegu-ro, Seoul-ro, while under the influence of alcohol level of about 0.253%.

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 a BAD car.

On March 13, 2016, around 06:15, the Defendant driven the said car on the front of the “D” road located in Daegu-gu, Daegu-gu, and led to the Defendant to drive the said car at an insular speed along the two-lanes of the three-lane road from the four-lane boundary of the large zone to the four-lane width.

At that time, there was another motor vehicle stopping in the front of the Defendant’s vehicle, and thus, the person engaged in driving service has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to proceed in a safe speed and manner.

Nevertheless, the Defendant neglected this and proceeded without properly operating the brake system under the influence of alcohol as set forth in paragraph (1) above, and did not avoid the victim E (49 years old) driving while stopping in the front bank. The Defendant received the part of the front part of the car driven by the Defendant, which was behind the bus.

After all, the defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries about the results of crackdown on drinking driving, making an accident site photograph, conducting fact-finding survey, and applying Acts and subordinate statutes to medical certificates;

1. Article 148-2(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 3(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 148-2(2)1 and Article 44(1)2 of the Road Traffic Act (the point of drinking, the choice of imprisonment, etc.).

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