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(영문) 대구지방법원 2017.06.22 2017고단2376
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 21, 2008, the Defendant, at the Daegu District Court, issued a summary order of KRW 4 million for a crime of violating road traffic law (driving), and on September 6, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (driving of alcohol) from the Daegu District Court Kim Jong-cheon, and received a summary order of KRW 1 million for a crime of violating road traffic law at least twice.

[Criminal facts] The Defendant is a person engaged in driving a B food car.

On March 13, 2017, the Defendant driven the said car under the influence of alcohol level of 0.104% among blood transfusions on March 13, 2017, and continued to drive the said car at a university with a pressure level of 0.104% at the time of Gyeongsan, a university with a pressure level of 409, the front road of Samsung F&M, from a pressure level of 409 to the view of Yong-Nam

At that time, there was a center line of yellow-ray, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle along the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected the center line by neglecting it, and went through a tension of pressure from the territory of the Yong-Namnam University (Se. 5 years old) drive C (Se. 5 years old), followed the left-hand side of the victim C (Se. 5 years old) driving, and received an even door part by the front right-hand part of the said Pu vehicle.

Ultimately, Defendant 1 suffered injury, such as salt, tension, etc., in the 2-day therapy for the victim of the above occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries about the results of crackdown on driving drinking, nine copies of a photograph at the scene of the accident at the time of initial action, a survey report on actual condition, and a medical certificate;

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 3(1) and proviso of Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the Criminal Act.

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