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Reasons
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(영문) 대구지방법원 상주지원 2015.04.28 2015고단100
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for one year.

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

On February 18, 2015, the Defendant: (a) was a person engaged in driving of B-learning cars; (b) while under the influence of alcohol level of 0.077% on Feb. 17, 2015, the Defendant driven the said car and proceeded into the front road of D in front of the said car C at the front of the door-to-face in the front of the door-to-face, while under the influence of alcohol level of 0.07%; (c) while under the influence of alcohol level, the Defendant was under the influence of alcohol level, and was negligent in performing duties of care at the front right-hand left-to-hand and right-hand, the Defendant sustained the victim’s 2-day treatment of the said car by taking advantage of the part of the Defendant’s driving ahead of the said rocketing car and suffered an injury to the victim, such as the victim’s 3-day treatment of the said car in front of the said rocketing car, the victim’s tension and the pertinent 1-day treatment of the said car, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (referring to a family relation certificate and medical certificate for a victim);

1. Article 3 (1), the proviso of 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) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);

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

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. (the scope of recommendations) of the Social Service Order shall be the type I traffic accident.

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