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(영문) 대구지방법원 2017.10.12 2017고단4254
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 B-si.

On July 2, 2017, the Defendant driven the above taxi with alcohol content of 0.135% while under the influence of alcohol during blood transfusion on July 2, 2017, and led the front mountain road located in the Daegu-gu to the upper intersection of the road from the merchant bank.

Since there is a central line, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle from the right side of the central line to prevent the accident in advance.

Nevertheless, the defendant neglected this and got the front portion of the car posters in front of the above taxi by the victim C driver's driving, who was moving the opposite lane from the upper side of the road to the same side of the merchant, due to the negligence of driving the central line.

As such, the Defendant suffered from the injury of the victim C and the victim E, who was on the Belgium car, due to his occupational department and office, in the light of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 3 (1), the proviso to Article 3 (2) 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 driving under influence of alcohol);

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

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The fact that the defendant is driving under drinking and caused traffic accidents by negligence, which caused the central line, and that he has been punished several fines for traffic-related crimes; and

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