beta
(영문) 대구지방법원 김천지원 2013.06.19 2013고단355

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 23:30 on March 25, 2012, the Defendant, while driving a BYF Laol car with a blood alcohol concentration of 0.143% and driving it toward the new east along the two-lanes in front of the straight distance between the two-lanes in the direct intersection in Kimcheon-si, Kimcheon-si, while neglecting the duty of electric watching in the drinking state and neglecting the duty of electric watching in the same lane and driving it on the part of the victim C(39 years old) who was signaled in the front side of the same lane due to negligence in the course of duty.

Ultimately, the Defendant suffered injury to the victim E (the age of 26) by occupational negligence, such as dynasium and tensions, which require approximately two weeks of medical treatment to the victim C, and injury to the victim E (the age of 26) who was on board the back of the said YFMMMM and other vehicles, including a non-fynasium, for about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident occurrence report, a actual survey report, and a master-employed driver report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (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;

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 Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [Determination of a sentence] Each Act on Special Cases concerning the Settlement of Traffic Accidents: Crimes of Violation of the Road Traffic Act resulting from a traffic accident in general traffic accidents: Crimes not setting the sentencing criteria (special sentencing factors): Determination of the recommended range in cases where illegality in the proviso of Article 3(2) of the School Special Cases Act is serious.