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(영문) 대구지방법원 서부지원 2016.07.21 2016고단970
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant received a summary order of KRW 4,50,000,000 from the Seo-gu District Court Branch on April 20, 2015 to a fine of KRW 4,500,000 as a crime of violating road traffic laws (drinking). On September 2, 2015, the Defendant received a summary order of KRW 5,00,000 as a crime of violating road traffic laws (drinking) at the Chang-gu District Court Branch branch

【Criminal facts】 The Defendant is a person who is engaged in driving CEX car.

On April 13, 2016, the Defendant driven the said car with a alcohol level of 0.090% in blood without a driver’s license on April 12:30, 2016, and continued to drive the said car in front of the life expectancy university located in 1053, according to the ballebb of the Daegu-gu month, Seogu.

A person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, brakes, and other devices of the motor vehicle when he/she starts.

Nevertheless, the Defendant was under the influence of alcohol and was negligent in driving the vehicle in front of the vehicle that the Defendant is driving.

D was driven by E, the part behind the low-speed car, which was received as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim F, who was on board a low-priced car due to the above occupational negligence (at the age of 24), such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty) concerning criminal facts, Article 148-2(1)1 of the Road Traffic Act.

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