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(영문) 대구지방법원 김천지원 2013.03.27 2013고단39

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

At around 06:45 on October 31, 2012, the Defendant driven a B-to-be car with a blood alcohol concentration of 0.128%, while driving the B-to-be car in the direction of 0.128%, and driving two lanes in front of the household store in the Gu-U.S. Do-U.S. Do-U.S., into the Do-U.S. Triririririririririririririririririririririririririririririririg, while neglecting the duty of Jeonriririg under the influence of alcohol and neglecting the duty of Jeonriririririg under the influence of alcohol, the Defendant got the left-hand scenario of the victim C (43 years old) driving, who was f4 years old in front of the opposite vehicle of the Defendant's vehicle in front of the Defendant's vehicle.

As a result, the Defendant suffered, by such occupational negligence, approximately 12 weeks off the left-hand felacs, etc. from the victim E, about 5 weeks of medical treatment, knee-cos, etc., and about 9 weeks of medical treatment to the victim C, and about 4 weeks of medical treatment to the victim C, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each statement G and C;

1. A report on the actual status of a host driver;

1. A brewing driver's license (14 pages of investigation records);

1. Investigation report (application of the Tramark Official Form);

1. The actual condition survey report;

1. Requests for appraisal;

1. Each written diagnosis (37 pages, 41 pages, 58 pages of investigation records);

1. Application of the photographic Acts and subordinate statutes;

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

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

1. The Criminal Act among concurrent crimes.