beta
(영문) 대구지방법원 안동지원 2018.07.10 2017고단737

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of Bbeer or a car.

On October 13, 2017, the Defendant, while driving the said vehicle at the influence of alcohol level of 0.074% from the blood alcohol level around 18:15, and driving the said vehicle at the front side of the said vehicle, which was driven by the Defendant, by an occupational negligence, due to which the Defendant was unable to accurately operate the steering gear under the influence of alcohol, while driving the said vehicle at the speed of 811 at the exit of the Andong-dong-dong-dong-dong-dong-ro, and at the direction of the mountain and the syke-ro in the vicinity of the C (58 years old) in front of the said vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “math of math of math of mathal,” etc., which requires approximately seven weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a statement on the circumstances of a driver taking driving, an inquiry of the results of crackdown on the driving of alcohol, a survey report on actual condition,

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (Selection of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the circumstances leading to the crime of this case, the controlled drinking volume, the degree of injury inflicted on the victim, the defendant's primary offender, the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime of this case, etc., and the decision as ordered by the court.