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(영문) 대구지방법원 안동지원 2015.07.24 2014고단254
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That 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

The defendant is a person who is engaged in driving of B cargo vehicles.

On March 12, 2014, the Defendant, while under the influence of alcohol at 0.241% of blood alcohol concentration on March 20, 2014, continued to proceed to the intersection of the private distance from the north west of the Taedong-si Tourism Complex at the same time from the right east to the upper east.

At the same time, there was a duty of care to prevent accidents by accurately manipulating the steering system and the steering system in the front and the surrounding area of the person engaged in the driving of the motor vehicle, and in such a case, there was a duty of care to prevent accidents.

Nevertheless, the defendant, while under the influence of alcohol, tried to turn to the left at the front of the taxi due to negligence while driving, received the rear part of the taxi driving by the victim C(52 years of age) as the front part of the above cargo vehicle.

As a result, the Defendant suffered injury to the spatitis that requires approximately two weeks of medical treatment, and the victim D (V, 16 years of age) who was on the spatch in the spatch, who was on the spatch in the spatch, for about two weeks of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2) and Article 50 of the Criminal Act among concurrent crimes shall be more severe than the punishment provided for in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and shall be sentenced to imprisonment

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