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(영문) 대구지방법원 김천지원 2013.05.15 2013고단248
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six 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

On March 9, 2013, when the Defendant was under the influence of 02:00 on the alcohol level of 0.128% as a business, and was driving the B-learning car on the right side of the victim C(53 years old) who was under the influence of alcohol due to the influence of alcohol level, and was driving from the front line of the “fishing vessel frequency cluster” in front of the “fishing vessel frequency cluster,” the Defendant was driving on the front line of the said f-on vehicle. While neglecting the duty of c-oning in a drinking state, the Defendant was driving on the front line of the said f-on vehicle by the victim E(51 years old) who was under the influence of the said f-on-off vehicle, and was driving on the front line of the said f-on-off vehicle.

Ultimately, the Defendant suffered injury to the victim C, including the two parts of the upper part, the upper part, the multi-level area, etc. requiring approximately two weeks of medical treatment, the injury to the victim E, such as acute spatitis, which requires approximately two weeks of medical treatment, and the injury to the victim G (V, 38 years of age) who is a passenger of the said franchise vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on the occurrence of traffic accidents, reports on driving of drivers, and actual status survey reports;

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, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (Provided, That the lowest sentence shall be determined by the crimes of violation of the Road Traffic Act);

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

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