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(영문) 대구지방법원 의성지원 2015.04.30 2015고단42
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 person who is engaged in driving a B-learning car.

1. On February 21, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) operated the said car under the influence of alcohol level of 0.181% on blood alcohol level on February 21, 2015, and continued five national highways prior to the entrance of the original village located in the original city of Seongbuk-gun, Seongbuk-gun, Sungsung-gun, Sungsung-gun, Gyeong-gun, into the bed by the bedon.

Under the influence of alcohol, the Defendant was negligent in neglecting the duty of Jeonju, and received a shock absorption team on the right side of the front side of the said vehicle as the front part of the said vehicle.

After all, the Defendant suffered injury to the victim C (V, 27 years of age) who is a passenger with the foregoing occupational negligence, for about 12 weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol at approximately 0.181% of alcohol alcohol concentration at a section of about 4 km from the front day of the cross-defriend in the Sung-gun, Sung-gun, Seongbuk-gun, Sung-gun, Sung-gun, the time and time limit set forth in paragraph (1) to the front day of the original village located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the actual state of drinking driving, and report on the actual state survey;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Law and the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of driving through sound driving and 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 in the above two crimes);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents of Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation) (Special Mitigation) / Illegality in the proviso of Article 3(2) of the School Specialization Act.

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