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(영문) 대구지방법원 의성지원 2014.10.16 2014고단205
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 17:55 on July 23, 2014, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 0.186% while under the influence of alcohol without obtaining a driver’s license in the front of the GIC center located in the 4368 km north-do at the Dowon 2nd of the Dowon in the enclosed-do of the Seongbuk-gun, Seongbuk-do, the GIC Center at the 4368 km.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle B.

On July 23, 2014, the Defendant driven the above car on July 17:55, 2014, and continued the front road of the Seongbuk-gu Center, 4368, as at the Hawon-gun, Chungcheongnam-do, Seongbuk-do, Gyeongbuk-do, Gyeongwon-do, to proceed to the military air protection.

At all times, the central line is installed and the left-hand turn is prohibited, and the driver of the vehicle has a duty of care to observe the vehicle line and to prevent the accident in advance by driving the vehicle in good manner.

Nevertheless, the Defendant neglected this and tried to turn to the left on the road under a license without drinking alcohol as prescribed in paragraph (1) by negligence, and caused the collision between D4.5 tons of the injured party C(38 years old) driving at the right side of the freight vehicle and the left side of the said vehicle, and suffered injury to the injured party for about three weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the register of traffic accidents, reports on the occurrence of traffic accidents, reports on the results of the control of drinking and driving, reports on actual condition, and field photographs, C diagnosis certificates, and

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 3 (1), the proviso of Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.

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