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(영문) 대구지방법원 2014.02.06 2013고단4844
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 May 4, 2013, at around 01:15, the Defendant driving a B high-class three freight vehicle under the influence of alcohol with approximately 1km alcohol concentration of about 0.241% from the 1km section to the side of the Non-permanent apartment model lower-class road located in the Gyeyang-dong in the Gyeyang-dong of Busan Metropolitan City.

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 Class B high-class three freight vehicles.

At the same time as the above mentioned in paragraph (1), the Defendant, while under the influence of alcohol, was driving the above 3 freight vehicles with the above breath in the state of alcohol and continued to drive the fluorial apartment model down the side of the fluorial apartment model down in the Gyeyang-dong Gyeyang-dong, Gyeongsan-si.

At the time of night, there was a duty of care to safely drive a motor vehicle by checking the right and the right of the driver and the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the front side of the victim C (the 55-year old-age-old-age-old-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

Ultimately, the Defendant’s occupational negligence caused the injury to the victim C, such as light oil and sacrine, which requires approximately two weeks of medical treatment, and the injury to the victim E (V, 51 years of age) who was on board the said taxi, which requires approximately six weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

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

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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