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(영문) 대구지방법원 2018.04.19 2018고단224

교통사고처리특례법위반(치상)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Grandland Kapool.

On December 17, 2017, the Defendant driven the said passenger vehicle under the influence of alcohol level of 0.056% among blood transfusions on December 17, 2017, and led to the road next to the educational forest elementary school, which is located in the school lower grade, to proceed with the road next to the educational forest elementary school, in the front section of the educational forest elementary school in the Gumicheon-do.

At that time, there was a center line of yellow solid lines, so in such a case, there was a duty of care to pass along the right side of the center line as a person engaging in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and received the full left-hand part of the victim D(59) driving due to the negligent negligence of the central line, E, and received the front-hand part of the said passenger vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury to the victim F (F, f7 years of age) who was taking advantage of the A-to-pur vehicle, to approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 3 (1), Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2), Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

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 on the suspended execution;

1. The following circumstances are the reasons for sentencing under Article 62-2(1) of the Criminal Act.