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(영문) 대구지방법원 2016.02.16 2015고단6148
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

[criminal history] On October 24, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws at the Daegu District Court on October 24, 2012, and on September 27, 2013, the same court issued a summary order of KRW 5 million for a crime of violating road traffic laws.

[Criminal facts] The Defendant is a person who is engaged in driving a car in B.

On November 23, 2015, the Defendant, while under the influence of alcohol content of 0.147% during blood transfusion 19:45 on November 23, 2015, had a four-lane road in front of the sampling church, located in Daegu Suwon-gu Two-lanes, along the two-lane distance far from the nive distance from the nive distance.

At the time, there are nights, and there are other vehicles in the front door, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the left door, and to prevent accidents.

Nevertheless, the Defendant was negligent in neglecting the duty of ex officio in front of the designated vehicle under the influence of alcohol and by neglecting the duty of ex officio in front of the designated vehicle in front of the direction of the Defendant’s proceeding. The Defendant was followed by the victim C (60 years old) of the D Alba Pon that was driven in front of the designated vehicle in front of the designated vehicle in front of the designated vehicle under the influence of alcohol.

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident occurrence report;

1. The circumstantial report of the driver employed at the main place;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, replys to inquiries, investigation reports (attached reporting, such as a copy of the previous judgment);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 148-2(1)1 and Article 44 of the Road Traffic Act.

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