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(영문) 대구지방법원 2013.05.02 2013고단1952
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except 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 a motorcycle B.

On February 16, 2013, the Defendant, without a motorcycle driver's license on February 15, 2015:45, driven the above motorcycle while under the influence of 0.08% of the blood alcohol concentration, and proceeded toward the direction of the Office of Education in the direction of achieving the intersection of the toll distance in front of the 1597-1 located in the name of the Daegu-gu Daegu-gu Large Name 10, 1597-1.

Since there is an intersection where signal, etc. is not installed, a person engaged in driving service has a duty of care to reduce speed and drive safely by examining the right and the right and the right of the road.

Nevertheless, while under the influence of alcohol, the defendant neglected to proceed as it while driving, and was placed on the right side from the left side of the defendant's running direction, the part on the Dbeh or the top side of the driver's car that was set on the right side of the defendant's driving direction was received as the front side of the defendant's motorcycle.

As a result, the Defendant suffered injury to the victim, such as catum salt and tension, which requires approximately three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the investigation report;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. Article 37 of the Criminal Code among concurrent crimes.

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