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(영문) 대구지방법원 상주지원 2015.08.18 2015고단301
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

On March 1, 2015, the Defendant: (a) was a person engaged in driving a B-to-be vehicle; (b) while driving the said vehicle under the influence of alcohol level of 0.135% on March 1, 2015, and driving the said vehicle on the road in front of the D-Maintenance Factory located in G-to-Yancheon-gun, Gyeongcheon-gun, Gyeongcheon-do, into the basin of a bus terminal, due to negligence in the course of duties where he was under the influence of alcohol and was negligent in performing his duty of care on the left side of the bus terminal; (c) the victim E (79 years old, South) who crossed the road to the right side from the left side of the Defendant’s running due to the negligence in the course of duties and caused the victim’s injury, such as d-bed, pulverization and dul

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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 (a point of sound driving) 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (special mitigation) of types 1 of general traffic accidents (special mitigation) (special mitigation) / In the case where illegality in the proviso of Article 3(2) of the School Specialized Law (decision of sentence] has no record of criminal punishment for the latest eight years (decision of sentence], the defendant has no record of criminal punishment for the most recent eight years, and the sentence is imposed as ordered in consideration of the defendant's age, character and behavior and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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