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(영문) 대구지방법원 서부지원 2013.08.29 2013고단941

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

The Defendant is a person engaging in driving a truck B.

On May 24, 2013, under the influence of alcohol content 0.192%, the Defendant driven the above cargo while driving at around 20:20% of blood alcohol level, and caused the above C to suffer injury, such as catitis, which requires treatment for approximately three weeks of the above cargo, by neglecting the duty of caton to use the cell phone in order to use the cell phone while moving to the front of the caton from the bank of the old Military Office, and neglecting the duty of caton to the front of the caton, and neglecting to properly operate it to use the cell phone, and due to the occupational negligence going beyond the central line, the victim C (n, 60 years of age) driven by the victim C (the caton) with the opposite left side of the above cargo, and caused the above C to suffer injury, such as catonitis, which requires treatment for about three weeks of the above cargo, and the victim E (the 64 years of age) who was on the catonty of the above caton.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the actual condition of a drinking driver, a statement on the actual condition, and a survey report;

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

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the occupation of a person causing bodily injury by occupational negligence, Selection of imprisonment without prison labor) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;