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(영문) 대구지방법원 포항지원 2015.06.24 2015고단323
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. Around April 18:37, 2015, the Defendant was under the influence of alcohol 0.101% of blood alcohol concentration in the section around the world intersection in the south-gu, Yancheon-gu, Yancheon-gu, at the time of port, driving Cco-do cargo vehicle in the state of under the influence of alcohol 0.101% in the vicinity of the world intersection in the south-gu, Yan-gu.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a cargo vehicle.

On April 2, 2015, the Defendant driven the above cargo while under the influence of alcohol, as described in Paragraph 1, around 18:37, and led to the passage from the long-term side of the road near the world intersection in the Southern-gu Incheon Metropolitan City at port.

Since the place is where the center line of yellow-ray is installed, there was a duty of care to safely drive the tea in good faith by accurately operating the steering system and operating the steering and steering system.

Nevertheless, the Defendant neglected this and proceeded as it was, by negligence, while driving at the center line, received the front part of the front part of the victim D (56) driving E pressle of the opposite 56, which was going on the opposite line, as the front part of the Defendant’s cargo vehicle.

As a result, the Defendant suffered spawn spawn in need of treatment between two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, report on the fact-finding and fact-finding of a driver, report on detection of a driver;

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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