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(영문) 대구지방법원 서부지원 2016.07.15 2016고단229
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 7, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law at the Daegu District Court on April 7, 2009, a fine of KRW 3 million for a crime of violating road traffic law (drinking) in the same court on June 8, 2009, and a fine of KRW 4 million for a crime of violating road traffic law (drinking) in the same court on September 19, 2012.

The defendant is a person who is engaged in driving a B-U.S. car.

On December 22, 2015, the Defendant driven the foregoing vehicle while under the influence of alcohol level of 0.133% among blood transfusions on December 22, 2015, and led to the flow of the flow distance of the Ucheon-dong, Seocheon-gu, Daegu to the Mancheon-si from the direction of the Mancheon-gu.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the D-si driving by the victim C (59 tax) who was placed in the direction from the border of the New Hospital to the Republic of Korea due to the negligence of entering the intersection of the J-si, while neglecting this, and was in the front part of the D-si driving by the victim C (59 tax).

Ultimately, the Defendant, by occupational negligence, sustained injury to the pertinent C, such as light salt in need of approximately three weeks’ medical treatment, and suffered injury to the victim E (the 30-year-old age-old) who was on board the said low-water vehicle, including light salt, which requires approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each written diagnosis;

1. Photographs;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 Subparag. 1 and Article 44(1) of the Road Traffic Act concerning criminal facts (the driving of drinking alcohol).

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