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(영문) 대구지방법원 서부지원 2015.12.03 2015고단1766
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On November 7, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court, and was sentenced to a fine of KRW 4 million for the same crime at the Seo branch of the Daegu District Court on January 15, 2014.

【Criminal Facts】 The Defendant is a person who is engaged in driving a vehicle B with the highest bid.

On October 2, 2015, at around 03:05, the Defendant driven the said car with the blood alcohol concentration of 0.163% 0.163%, and driven the said car along the five-lane Do road in the Daegu Western-gu C with three-lanes of the new neons distance from the streke-distance bank.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering wheel and the steering devices for the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, found the Fgallon vehicle driven by the victim E (the age of 43) who was under the influence of the signal stop at the front of the vehicle due to the negligence of driving the vehicle, and operated the vehicle late later, but did not avoid the vehicle, and received the victim's vehicle back to the front part of the vehicle of the Defendant.

As a result, the Defendant suffered salt and tensions from the shoulder joints that require approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A report on the statement of the status of the driver of the alcoholic beverages and investigation reports (applicable to the Ba mark against the ex post facto drinking);

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (Attachment to judgments related to criminal records of sound driving, etc.);

1. Article 3 (1), the proviso of Article 3 (2) and 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Article 268 of the Criminal Act;

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