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(영문) 대구지방법원 2015.06.04 2015고단802
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant was issued a summary order of KRW 6 million at the Daegu District Court on May 14, 2013 with a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million due to the same crime on December 22, 2011.

1. On December 19, 2014, the Defendant driven a motor vehicle B under the influence of alcohol concentration of about 1 km from the front of the construction site of Futera apartment at the speed of Gyeong-si to the front of the forest in the same city of 1km, which is located at the speed of Gyeong-si, a new agent, without obtaining a driver’s license, to drive a motor vehicle at the speed of about 0.156% in blood alcohol concentration.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as described in paragraph (1), driven the said vehicle to drive the said vehicle, leading the roads in front of the forest street in the Sinsan-si, Sinsan-si.

In such cases, a person engaged in driving of a vehicle shall accurately operate steering devices, brakes, etc. and shall not drive a vehicle at such a speed or in such a manner as to cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant neglected such duty of care and was under the influence of alcohol without obtaining a driver’s license, and was under the influence of the driver’s license, and was under the influence of the victim C(49 years old) driver’s back-winger of the driver’s rocketing vehicle while waiting to turn to the left at the front of the driving direction.

As a result, the Defendant suffered injury to the victim C, such as climatic salt, which requires approximately three weeks of medical treatment, and injury to the victim E (V, 51 years of age) who is the passenger of the rocketing vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. A report on the oral statement of the driver;

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