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(영문) 대구지방법원 김천지원 2014.05.01 2014고단60
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 30, 2010, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime in the Daegu District Court Kimcheon Branch on April 30, 201, for the crime of violation of the Road Traffic Act, and on October 2, 2013.

The defendant is a person who is engaged in driving a Brenren car.

On November 27, 2013, the Defendant was driving the said vehicle under the influence of alcohol of 0.110% with a blood alcohol concentration without obtaining a driver's license for business on November 27, 2013, and was driving the said vehicle in front of the upper and upper democratic remains in front of the upper and upper end of the road in the old and upper end of the city.

At the same time, the car of the victim C(33 years old) was stopped in the signal atmosphere, so in such a case, the Defendant, who is engaged in driving, had a duty of care to check and drive the course safety by checking well the right and the right of the road and the right of the road.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to do so, received the back part of the car in the above Swiss area as the front part of the car in the car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., for about two weeks of treatment by occupational negligence as above. A person who violated the prohibition of driving under the influence of alcohol at least twice, and was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents, photographs of vehicles affected, reports on the actual state of drivers, survey reports on actual condition, field photographs, and inquiry into the register of driver's licenses;

1. A medical certificate;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order issued for the same type of case) and other Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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