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(영문) 대구지방법원 안동지원 2018.04.10 2017고단477
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year 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 a Lone Star Co., Ltd.

On June 25, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.134% during blood transfusions on June 25, 2017, and led the road 20 - Do-ro 757 at the permanent city of permanent residence to proceed to permanent residence from the wind bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering gear by accurately operating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear and failed to accurately operate the steering gear, and thereby received the center separation line at the center of the road as the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim C (62) who was accompanied by the said vehicle due to the foregoing occupational negligence, such as the upper left-hand pelle, the pelle, the pelle, the pelle, etc. requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a statement of the circumstances of a driver taking driving, a copy of notification of the results of crackdown on driving drinking, a survey report on actual condition, and on-site photographs;

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

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), and Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with 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. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation causes a traffic accident that causes the defendant to drive alcohol in the state of alcohol concentration in blood of a very high numerical value, and the result of the occurrence of the accident is very serious and the nature of the crime is not easy.

However, there is no particular criminal history, it has been agreed with the victim, and it is against the depth of the crime.

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