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(영문) 대구지방법원 2019.09.04 2019고단3079
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 18, 2019, the Defendant: (a) driven BK5 car while under the influence of alcohol of 0.153% in Daegu-gu on May 18, 2019; (b) was negligent in operating the steering gear and operating the steering gear on the front side of the Defendant’s vehicle while under the influence of alcohol of 0.153% in the direction of 0.15%, and was negligent in neglecting to operate the steering gear and operating system on the front side of the Defendant’s vehicle while under the influence of alcohol, and caused the Defendant’s injury, such as salt and tension, which requires treatment for two weeks in the front side of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

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

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced from June 25, 2019) concerning criminal facts;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be imposed, and as to the crime of violation of the Road Traffic Act, a sentence of imprisonment shall be imposed;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (within the scope of adding up the maximum term of punishment prescribed for these crimes, the penalty shall be imposed on the concurrent crimes resulting from a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Judgment with heavier punishment, and the minimum penalty shall be imposed as imprisonment, and the minimum penalty shall be imposed as a short term of punishment prescribed for the crime of violation of the

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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