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(영문) 대구지방법원 서부지원 2014.05.23 2014고단417
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 March 14, 2014, at around 23:48, the Defendant driven a B-ho vehicle while under the influence of alcohol concentration of about 0.128% at the section of about 800 meters from the front of the Hop restaurant located in the merchant Dong of Daegu-gu to the front of the 119 Safety Center, Seogu-gu.

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 Brane car.

On March 14, 2014, at around 23:48, the Defendant driven the 119 Safety Center in front of the 119 Safety Center, which is located in the monthly route in Daegu Seo-gu, by driving the 0.128% of blood alcohol concentration. On March 14, 2014, the Defendant changed the lane from three lanes to two lanes.

At the time, there is a vehicle that is located at night and is located in the boundary of the monthly village, which is the right side in the merchant's four-way bank, the left side of the defendant's driving direction, so in such a case, the driver of the vehicle has a duty of care to reduce the speed while driving the vehicle in a clear spirit at all times and to properly manipulate the front, rear and left, and to prevent the accident by accurately manipulating the steering gear, steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in changing the lane into a large line, and as such, conflicted with the front part of the victim C(35 years of age) driving with D 125cc in front of the left part of the Defendant’s car.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 10주간의 치료가 필요한 무릎뼈의 골절상 등을 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Regulatory the results of the drinking driving control (including a written confirmation);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment concerning Criminal Facts;

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