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(영문) 대구지방법원 2018.11.15 2018고단3997
교통사고처리특례법위반(치상)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 August 17, 2018, the Defendant, while driving a B rocketing motor vehicle with alcohol content of 0.066% during blood transfusion at around 16:05, while driving on the road in front of the 38-ro, Daegu Northwest-gu, Taegu, Seoul (Tundong) “chan apartment complex” under the influence of alcohol, she was under the influence of 0.06%, and was under the influence of the said road, she was under the influence of the said road in front of the “Industrial Accident Hospital” on the surface of the “Industrial Accident Hospital.”

It is a road where the passage of a vehicle is frequent, and since the previous vehicle is parked on the side in U.S., it is possible to temporarily suspend the vehicle. Therefore, the driver of the vehicle has a duty of care to see the front side and to make a safe internship by accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and thereby neglected to do so, was caused by the victim C (V 66 years old) who was a U.S. 520 vehicle that was driven by the Defendant before the Defendant, and was driven by the Defendant as the front offender in front of the Defendant’s vehicle.

Defendant 1 suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Investigation report (report on the situation of the driver in charge); and

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) (the point of drinking alcohol and the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational injury, the choice of imprisonment without prison labor) concerning criminal facts;

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. Standard for sentencing the grounds for sentencing of Article 62-2(1) of the Criminal Act on the order to attend a lecture [the scope of recommendations] / [the basic area (4 months to 1 year) (including special mitigation) / Non-Punishment (including serious efforts to recover damage).

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