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(영문) 대구지방법원 김천지원 2014.02.06 2013고단1393

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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 9, 2013: (a) the Defendant, as a business of around 23:30 on October 23, 2013, driven a two-lane between the two-lanes between the three-lanes in front of the original intersection in the Gu and Sinsi-si, in the state of alcohol of 0.126% of the blood alcohol concentration without a driver’s license, while driving the two-lanes from the original intersection in front of the original intersection in the Gunsi-si, Gunsi-dong, the Defendant was due to the occupational negligence of driving the vehicle while neglecting his duty of front-time care while under the influence of alcohol without a driver’s license, and received the two-lanes in front of the left-hand part of the said passenger vehicle of the victim C(44 years old) who was in the atmosphere traffic at the front of the same lane.

As a result, the Defendant suffered from the injury of the victim E (ma, 45 years old), the victim F (n, 43 years old), the victim G (n, 49 years old), and the victim H (n, 45 years old) who was on board the above victim and the above knife knife together with the above knife with the above knife by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and related photographs;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. A medical certificate (C, F, E, G, and H);

1. Application of Acts and subordinate statutes to the driving license ledger (A);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts, and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving by occupational negligence);

1. Punishment under Articles 40 and 50 of each Criminal Act for an ordinary concurrent punishment (Punishment under Articles 40 and 50 for a violation of the Road Traffic Act and a violation of the Road Traffic Act with heavier concurrent punishment, and punishment under Articles 40 and 50 for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against G victims of which the largest concurrent crimes are committed among those violating the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of penalty;