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(영문) 대구지방법원 2014.02.06 2013고단5815
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Special Act on the Settlement of Traffic Accidents is a person who is engaged in driving a shower car.

On July 21, 2013, at around 21:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.155% of alcohol concentration, and led to a two-lane road in front of the liberal Police Station located in the boundary of the Clangeeeeeg-gun, Glangcheon-gun, Gluri-do, Gluri-do, Kimcheon-do, one way in the direction of speed of about 50km from Kimcheon-do to the opposite side.

At the time, there are nights and fronts of the vehicle in front, so the driver of the vehicle has a duty of care to reduce the speed to the person engaged in driving the vehicle, to live well on the right and the right, and to operate the steering gear and the steering system accurately and safely.

Nevertheless, the Defendant was driven by the victim C(the age of 52) who was standing a signal while neglecting this and driving at the front of the vehicle in front of the Defendant driving by negligence, which was driven by the victim C(the age of 52).

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act and the Road Traffic Act (Driving without a license) set forth in paragraph (1) were driven by the Defendant while under the influence of 0.155% of the blood alcohol concentration without obtaining a driver’s license in the section of about 5km from the front of a mutually influent restaurant in the name, French-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, North Korean, to the front of the liberal Police Station in the same military medicine area, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. The driver's license ledger;

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

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts

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