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(영문) 대구지방법원 김천지원 2013.04.25 2013고단231

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

1. On January 2, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (LA) and the Defendant was on duty at around 04:29: (a) while driving a Cro vehicle while under the influence of alcohol of 0.121% in blood alcohol concentration and driving the Cro vehicle at the intersection in front of Kimcheon-si B, Kimcheon-si, the Defendant was on the two-lane of the two-lane of the two-lane of the two-lane from the intersection in front of Kimcheon-si, Kimcheon-si, the Defendant was on the back part of the victim D(31 years old) driving, which was left left to the left in accordance with the new subparagraph due to an occupational negligence in violation of the signal while neglecting the duty of Jeoncheon-si in the state of driving.

After all, the Defendant suffered injury to the said D due to the above occupational negligence, such as brain-dead sugar, which requires approximately two weeks of medical treatment.

2. The Defendant: (a) at the time and place of Paragraph (a) of Article 1, and at the same time and place, asked a friendship F, who was on board the back seat of a car driven by the Defendant, to make a statement as if he driven the said car, and had F make a false statement.

Ultimately, the Defendant stated that F was driven by F to the security guards belonging to the Kimcheon Police Station that sent to the scene around that time, and that F was able to prepare a written statement to the same effect at the G Police Station around 05:20 on the same day, thereby aiding and abetting the Defendant to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D 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 current status of a host driver and a report on detection;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2, Article 44(1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 151(1) and 31(1) of the Criminal Act;