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(영문) 대구지방법원 2018.09.20 2018고단1210
도로교통법위반(음주운전)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

The defendant is a person who is engaged in driving a car in C SP area.

On February 13, 2018, the Defendant driven the said car under the influence of alcohol content of 0.135% during blood transfusions on February 13, 2018, and driven the front of the Daegu-gu D road at a speed of about 50km per hour from the direction direction to the four-lane distance from the direction direction.

In such cases, there was a duty of care to prevent accidents in advance, such as checking the right and the right and the right of the driver of the motor vehicle well and checking the safety of the career of the driver.

Nevertheless, under the influence of alcohol as above, the Defendant got the victim E (47 tax), F (47 tax), G (47 tax) from the right side of the Defendant’s running direction to the left side of the crosswalk to the left side of the crosswalk, due to the negligence of the Defendant’s neglecting to do so, and the Defendant was in front of the automobile of the Defendant.

Ultimately, the Defendant, by such negligence, suffered injury to the victim E, such as salt in the blusium requiring approximately two weeks of medical treatment, injury to the victim F, such as salt in the blusium that requires approximately two weeks of medical treatment, and injury to the victim G, such as the blusium blusium, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article 3(1) and the proviso to Article 3(2) 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 concerning facts constituting an offense;

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

1. In cases of crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, punishment of imprisonment without prison labor shall be imposed, and punishment shall be imposed upon the crimes violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) of the Criminal Act, which aggravated concurrent crimes.

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