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(영문) 대구지방법원 포항지원 2018.09.05 2018고단836
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving of a motor vehicle with chip x-d motor vehicle.

On July 14, 2018, the Defendant driven the said car under the influence of alcohol level of 0.186% among blood transfusions on July 22:30, 2018, and led two-lanes of the two-lanes of the two-lanes of the door-line 67-5, South-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, and the two-lanes of the two-lanes of the door-line 67-5, from the bottom side of the Steel Corporation.

At all times, there was a duty of care to safely drive a driver on a road where a signal, etc. is installed by reducing speed in the case of a stop signals, making the front left right and left right well well, and accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the victim C(28) driver’s vehicle in the same lane at the same time as that of the driver’s license in the same lane, and the Defendant was in the front part of the said Aburged vehicle.

Ultimately, the Defendant suffered from an injury to the Defendant’s salt and tension, which requires approximately two weeks of medical treatment, due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A traffic accident investigation report and photographs at the scene of an accident;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with 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. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] In the case of driving under drinking, etc. (eight months to two years) in the aggravated area (a special aggravated person], Defendant 1.

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