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(영문) 대구지방법원 상주지원 2016.05.31 2016고단31

특수상해등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

2016 order 38

1. 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 CK5 vehicles.

On November 2, 2015, the Defendant was under the influence of alcohol content of 0.097% during blood transfusion at around 17:47, and the Defendant driven the said car, thereby drivinging the said car on a three-lane road in the name of the Hocheon-gun, Hocheon-gun, Hongcheon-gun, Hongcheon-do, with a three-lane-distance front of Hong-gu, Hongcheon-do, at the Yecheon-gu, Gancheon-do, along the ebbbs.

The Defendant, while under the influence of alcohol, was unable to properly operate the electric power-driven, steering, and brakes, caused the victim D (48 years) who was walking in the same direction from the street to the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim from blood transfusion, which requires approximately six weeks of medical treatment.

2. Defendant 1 driven a vehicle as stated in the above 1. Paragraph (1) in the state of alcohol alcohol level of about 0.097% from the 10km section from the 10k section of the 10km-ro, Yacheon-gu, Chungcheongnam-do, Seoul, to the place indicated in the above 1. Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a traffic accident report, a actual survey report, a rough map at the scene of the accident, and on-site photographs;

1. Application of Acts and subordinate statutes to a statement on the circumstances of the driver at home, a report on detection of the driver at home, and a certificate of injury;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that compensation for damage has been completed by subscribing for a comprehensive insurance, the victim's departure from China and cannot be agreed upon, and the defendant's seal.