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(영문) 대구지방법원 2013.11.07 2013고단4813
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. Around 02:00 on July 22, 2013, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 300 meters from the 300m section to the front road of the G-gu Jungdong-dong 2, Jungdong-gu, Daegu Jungdong-gu.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-learning passenger car.

The Defendant, while under the influence of alcohol on the same date as stated in Paragraph 1 above, driven the said car and driven the said car along the two-lane two-lanes from the right angle distance to the tridle distance on the front side of the Hong Light Hospital.

At that time, there was a duty of care to prevent accidents in advance by maintaining the safety distance with the vehicle driving on the front side of the defendant by reducing speed for those engaged in driving of the motor vehicle at night, and keeping the front side well.

Nevertheless, the Defendant neglected this and neglected to stop in the same direction as the Defendant, thereby resulting in the Defendant’s failure to drive the victim C(43 years old) driving, which was parked in the same direction as the Defendant, and subsequently received the part of the Defendant’s driver’s car as the front part of the Defendant’s car.

In the end, the Defendant’s negligence on the part of the Defendant caused injury to the victim, such as fluoral salt, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A written appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and 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 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment) concerning criminal facts.

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