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(영문) 대구지방법원 2018.12.14 2018고단5037
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

At around 05:30 on August 22, 2018, the Defendant, while driving the said vehicle under the influence of 0.109% of alcohol during blood, violated the duty of care to drive safely, by thoroughly operating the front-way road in the north-gu, Daegu-si along the four-day distance from the nive line of p.m., and maintaining the safety distance, due to the Defendant’s negligence, while driving in the same direction, while driving in the same manner, while driving in the same way, the Defendant suffered from the victim E (n.e., the 42-year-old driver)’s injury to the victim E, while driving in the same direction, by driving the said vehicle in the front part of the driver’s driving car, for about two weeks of the alcohol level, and then driving in the middle part of the said Defendant’s driving, by taking approximately two-day medical treatment for the victim E, and by taking the victim’s injury to the victim E, i.e., the need for treatment during the said two-day-day-day period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis;

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

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is high alcohol concentration among the defendant's blood, the defendant reflects the defendant, the victim E's punishment is not want, the vehicle is covered by a comprehensive insurance, and the defendant has no previous conviction exceeding a fine since 2001.

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