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(영문) 대구지방법원 서부지원 2014.06.13 2014고단550
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

The Defendant is a person who is engaged in driving freight B.

1. On December 29, 2013, at around 21:54, the Defendant driven the above cargo while under the influence of alcohol of 0.238 percent on a blood alcohol level, and led the Defendant to drive the said cargo into the first apartment room of the cU convenience store located in the Dansan-gun of the Gyeongbuk-gun, Gungbuk-gun. However, despite the duty of care to check whether there is a neighboring person and to accurately operate the steering and operating the steering system, the Defendant was negligent in driving the said cargo without being aware of the driving seat of the said cargo, and caused the victim to suffer injury, such as a shoulder and a tension, which require approximately 2 weeks medical treatment.

2. The Defendant, while under the influence of alcohol with 0.238 percent of the blood alcohol concentration at the time and time specified in the preceding paragraph, driven the above 15-meter truck from the street in the vicinity of the second apartment house located in the Gungbuk-gun, Gungbuk-gun, Gungbuk-do to the above accident site.

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 and a report on actual condition investigation;

1. The circumstantial report on the driver and the report on detection of the driver;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning Handling of Traffic Accidents According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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