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(영문) 대구지방법원 김천지원 2016.06.15 2016고단123
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2008, the Defendant was issued a summary order of KRW 150,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) in the Daegu District Court Kimcheon-cheon Branch on August 6, 200, and a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (dacting driving) in the same court.

The Defendant is a person who is engaged in driving a NEW EF rocketing car.

On January 20, 2016, the Defendant driven the said car under the influence of alcohol content of 0.130% among blood transfusions on January 20, 2016, and led the D main points in the old city C to drive the road in front of the D main points in the old city C from the cafeteria to the future main apartment room in the future from the cafeteria.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by properly operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle as it is, due to the negligence, received the back part of the Victim F (39 years old) GM5 car driving in the same room as the front part of Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as catheral and catum salt in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and on-site photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order);

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

1. The punishment of imprisonment without prison labor and the crime of violating the Road Traffic Act shall be committed against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

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