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(영문) 대구지방법원 김천지원 2013.10.24 2013고단1042
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

At around 20:50 on May 27, 2013, the Defendant: (a) driven B Poter II cargo vehicles with a blood alcohol concentration of 0.096% while driving their two-lanes from the front side of the Eastern Elementary School located in Kimcheon-si, Kimcheon-si to Kimcheon-si; (b) neglected his duty of Jeoncheon-si care in the front side of the said vehicle and led the bicycle from the front right side of the said vehicle due to his occupational negligence, and led the bicycle from the front side of the said vehicle (57 years old).

The Defendant suffered injury to the victim by occupational negligence during approximately 16 weeks of medical treatment. The Defendant suffered injury to the blood transfusion, etc. from an acute booming light.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site photograph, report on a traffic accident, actual condition survey report, on-site inspection photograph;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Investigation Report-Application of the Acts and subordinate statutes attached to written checks;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Determination of Punishment] - Injury by traffic accident in general traffic accident [Special Sentencing] - mitigated element: In case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the scope of recommending punishment] (the scope of recommending punishment); basic area; imprisonment for April to October - In case of mitigation element: Relief measures after accident; comprehensive motor vehicle insurance - In case of serious injury not causing serious injury; whether suspension of execution has been suspended] of the same criminal record (the principal driving) which does not constitute a repeated offense; principal illegal reference element: Article 3(2) of the School Specialized Law.

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