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(영문) 대구지방법원 김천지원 2014.09.25 2014고단646
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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On May 22, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.092% 0.092%, while under the influence of alcohol on May 22, 2014, and led the Defendant to turn to the left at a one-lane level in the front of Denmarkae in the Gu-U.S. Sinan-Eup, a three-lane road in front of Denmarkado, in the front of the U.S. Sinan-si.

At this point, since the signal apparatus was a three-distance intersection, there was a duty of care to safely proceed to a person engaged in driving of a motor vehicle according to the signals.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the 16-year-old) who was driving on the left side of the DCA110 Oral Sea, which was driving on the left side of the DCA110, due to the negligence, in violation of the right-hand turn signals while neglecting this, and was driven by the victim C (the 16-year-old).

Ultimately, the Defendant suffered injury, such as an open frame at the bottom of the Bridge, which accompanied the victim’s 16 weeks of medical treatment by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements and investigation reports by the accused (with respect to the statements by the driver of Lao);

1. A traffic accident report, a report on the occurrence of the traffic accident, the status of the driver, the statement, each on-site photograph, and the actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments stipulated in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which shall be punishable by imprisonment with prison labor

1. Article 62 of the Criminal Act:

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