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(영문) 대구지방법원 김천지원 2015.11.06 2015고단1078
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

On October 31, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on October 31, 2013 and a summary order of 1.5 million won for the same crime in the same court on May 1, 2015.

The defendant is a person who is engaged in the driving of Mati Cargo Vehicle B.

On August 13, 2015, at around 19:00, the Defendant driven the above cargo while under the influence of alcohol of 0.119% with a blood alcohol concentration of 0.19%, and driven the two-lane road of the old U.S. C Dripppon in the bus terminal at a speed of about 50 km per hour from the bus terminal to Kimcheon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate steering the steering gear, brakes, etc. and secure a safe distance and safely drive the motor vehicle.

Nevertheless, the Defendant, by negligence of neglecting the influence of alcohol, discovered and immediately operated the E EX car driven by the victim D (hereinafter referred to as 43 years old) who stops in the front of the vehicle at the front of the vehicle, but the Defendant did not avoid the situation, and did not have the vehicle at the front of the vehicle of the Defendant’s driver, sufficient part of the victim’s driver’s vehicle behind the vehicle at the front of the vehicle at the driver’s vehicle. In the future, the Defendant’s vehicle at the front of the EXE car at the front of the EXE car which stops at the front of the vehicle at the front.

As a result, the Defendant, by negligence in the course of business, suffered brain-dead, dynasium, and tensions of the bones of trees, which have no head open room to treat the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the statement of the situation of a drinking driver, a report on internal death (the first on-site situation), a damaged vehicle and on-site photograph, and a survey report on the actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (Attachment to the same summary order);

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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