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(영문) 대구지방법원 포항지원 2014.10.30 2014고단974
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 1, 2006, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 1, 2006, and on February 11, 2009, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) and two years for a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the same court on April 25, 2013.

On July 2, 2014, the Defendant driven D Mtz car on July 22, 2015, and proceeded three-lanes of three lanes in front of the chamber of commerce and industry at the port of port in the shape of alcohol concentration of 0.187%, at the port of port, from the offline of the plaza to the offside of the square, the Defendant turned at the speed of the square-roter.

In this case, the driver of a vehicle has a duty to take care of preventing accidents in advance by accurately manipulating the steering direction and brake system of the driver of the vehicle, inasmuch as the driver of the vehicle was in a stop due to the signal atmosphere of the victim E(32 years old) driving.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to set a speed, and was negligent in proceeding as it is, and thus, received the back part of the said gender-based vehicle as the front part of the said math car.

Ultimately, the Defendant suffered injury to the victim E and the victim passenger G (38 years of age) due to the foregoing occupational negligence for approximately two weeks, such as satis, etc. in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. A report on detection of a host driver;

1. Each written diagnosis (30,31 pages of investigation records);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on summary orders of the same kind of power and file of copies of judgment);

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

1. The Commercial Concurrent Crimes Act.

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