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(영문) 대구지방법원 2015.04.09 2015고단75
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 26, 201, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on May 26, 201, and on August 1, 2014, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

On October 18, 2014, the Defendant, while under the influence of alcohol 0.134% from blood alcohol level on October 18, 2014, operated a B-to-pp vehicle with approximately KRW 500 meters from the G-gu nuclear bridge to the front of the G-gu Da-gu Dan-dong, Daegu-gu.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of a half-hurd vehicle

On October 18, 2014, the Defendant driven the said car under the influence of alcohol level of 0.134% from blood alcohol level around 19:00, and moved it to a three-lane road in front of the D cafeteria located in Daegu North-gu C, bypassing it to the frame of the D cafeteria.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a motor vehicle driving on the three-lane road in which the defendant intends to enter by temporarily stopping the motor vehicle immediately before entering the three-lane road, and to safely enter the road to prevent traffic accidents.

Nevertheless, the Defendant neglected to do so and received the front part of the FK5 si driving from the right side of the victim E from the right side of the FK5 si driving from the right side of the arm's length distance.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order of the same kind), and application of the summary order Act and subordinate statutes;

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