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(영문) 대구지방법원 2018.11.21 2018고단4495
도로교통법위반(음주운전)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2018, the Defendant: (a) was a person engaged in driving a rocketing car; (b) was driving the said car under the influence of alcohol level of 0.106% at around 02:5 on September 8, 2018; and (c) was driving the said car on a large and long-distance road located in the Dong-gu in Daegu-si to a high-priced four-distance four-distance slope of filial trees on the surface of the upper-distance bank; (d) was negligent in performing duties due to a breach of occupational duty to safely drive on the front left and right of the road; and (e) the victim C (the victim, 52 years old) who stopped in front of the crosswalk, was driving by the victim and suffered injury, such as catum cats and tensions, which require the two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

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 under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of a sentence, imprisonment without prison labor and imprisonment, respectively;

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 grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shall be determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc.

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