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(영문) 대구지방법원 서부지원 2015.09.24 2015고단828
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

【Criminal Power】 On February 24, 2015, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and was engaged in driving four times in total.

【Criminal Facts】 The Defendant is a person who is engaged in driving a B Carrens.

On April 16, 2015, at around 21:55, the Defendant, without obtaining a driver’s license, was under influence of blood alcohol level of 0.173%, and the Defendant was under influence of alcohol level of 0.173%.

In such a case, a driver of a motor vehicle has a duty of care to ascertain the safety of the road surface, to accurately manipulate the steering and operating the steering system, and to prevent the accident. However, the defendant neglected to do so, while driving the motor vehicle as is, the defendant neglected to do so, and the Fpoter II on the left side of the cargo vehicle owned by E (the age 48) which was parked on the right side of the defendant's driving direction, and the victim G (the age 34) who was sitting down on the cargo next to the above Poter II on the front side of the cargo of the defendant and got the victim G (the age 34) who was sitting down on the cargo next to the above Poter II on the face of the collision.

As a result, the Defendant suffered injury to the victim by occupational negligence as above, on the right side fright side fright side fright side fright side fright side fright side fright side fright side fright side fright side

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3(1), the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, and the Road Traffic Act.

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