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(영문) 대구지방법원 김천지원 2014.02.06 2013고단1501
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 15:50 on October 1, 2013, the Defendant: (a) driven a car under the influence of alcohol of 0.109% with a blood alcohol concentration of 0.10% while driving the car, and (b) was led by the Defendant’s occupational negligence, which performed while neglecting the duty of breathing under the influence of alcohol while driving on the department store in front of the Gu-U.S.A. Sinsi-dong, which is in front of the Gu-U.S. Sinsi-dong, while driving on the department store in the Gu-U.S. Sinsi-dong, and led the Defendant to the front part of the car.

Ultimately, the Defendant suffered injuries, including cageage cages that require approximately five weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Report on the state of the state of the driving of a motor vehicle, report on the state of the driving of the motor vehicle, and inquiry into the results of the crackdown on drinking;

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

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) 2 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, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [limited to the case of concurrent crimes within the scope of adding up the long-term punishment, and the lower limit thereof shall be the case of the punishment for the violation of the Road Traffic Act];

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. Reasons for sentencing [referring to cases where the scope of liability for compensation is unclear, such as partial payment of insurance money, etc. by an insurance company] under Articles 32(1)3 and 32(2), and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation ] The injury caused by a traffic accident in general in traffic [the determination of type] - The aggravated element is serious in illegality in the proviso of Article 3(2) of the Act on Special Cases concerning Traffic Safety.

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