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(영문) 대구지방법원 경주지원 2014.06.25 2014고단81
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a high-speed car.

On January 10, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.090% of blood alcohol level around 19:50 on January 10, 201, and runs at a speed of about 60 km per hour from the live to the 2-lane in front of the open-dong, Eup of the racing-si, the front of the two-lane in front of the racing-si, the front of the two-lane

The course has been changed to a one-lane.

Since there was a cargo vehicle operated by the victim E (the age of 44) at the same time, in such a case, a person engaged in driving service shall not interfere with the passage of another vehicle operating the vehicle, which is intended to inform the change of course by direction direction, etc.

Nevertheless, the Defendant, while neglecting alcohol and changing course as it was caused by the negligence of the change of course, had a collision with the back of the left side of the vehicle driving by the Defendant on the upper side of the Fpoter Cargo in the same room.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes of the Institute for Verifying the purchase of motor vehicle insurance, two copies of the traffic accident report, on-site investigation report, on-site investigation report, on-site photographs, on-site reports, on the status of the driver of a motor vehicle, on-site driving, on-site reports, the driver's license records, the ledger of driver's licenses (defendants), on-site inquiry reports, investigation reports (Attachment to anti-suspects), reflective documents, and related documents;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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