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(영문) 대구지방법원 2015.01.22 2014고단4871
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BF rocketing car.

At around 16:10 on July 18, 2014, the Defendant driven the said car while driving the said car, and driving the two-lane way of the C (57 years old) of the C (57 years old) driving along the opposite lane on the left side of the driving vehicle of the Defendant, at a speed of about 30km from the Cheongdo Do Do Do Do Do Do Do Do Do Do do Do Do Do Do Do Do do Do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do , but did not properly handle the two-lane by the steering

Ultimately, the Defendant suffered injury to the victim, such as the 6th anniversary of the need for medical treatment for about 10 weeks due to occupational negligence.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol concentration of about 0.141% at a distance of about 200 meters from the front of the Dondo Dondo Cheongdo Cheongdo-gun, Cheongdo-gun, Cheongdo-do to the front of the above Dondo Dondo-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on the occurrence of a traffic accident and a report on actual survey (1, 2);

1. Application of Acts and subordinate statutes to a report on investigation (limited to submission of a medical certificate and written estimate);

1. Article 3 (1), Article 3 (2) (proviso) 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;

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. Article 62 (1) of the Criminal Act;

1. The Criminal Act for orders to provide community service and attend lectures;

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