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(영문) 대구지방법원 2013.06.13 2013고단2724
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

The Defendant is a driver of Lone Star Co., Ltd.

On March 27, 2013, at around 14:50, the Defendant driven the said passenger car while under the influence of alcohol with 0.317% of blood alcohol concentration, and led to the front of the Gyeongdong-gu, Daegu-gu, to drive the said passenger car.

In such cases, a person engaged in driving service has the duty to safely drive the front door and the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the age of 34) who was in the atmosphere of the signal signal at the front direction of the course due to negligence, and received the back part of the DNA car as the front panion.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of treatment for about two weeks by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident points;

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) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the criminal defendant's liability for sentencing in Article 62-2 of the Criminal Act is not minor, the defendant does not want the punishment of the defendant, the defendant does not have any criminal record of suspended execution for the same kind of criminal record, the degree of injury of the victim is minor, and the defendant's age is minor.

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