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(영문) 대구지방법원 김천지원 2017.06.08 2017고단280
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 rocketing cargo vehicle B.

On February 3, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.161% among blood transfusions on February 13, 2017, and driven the two lanes prior to the previous D in the Gumi City C along the mountain intersection between South and North America, along the first lane.

At all times, the F. E(61) car, etc. used to drive this car, etc., had a duty of care to safely drive the car by accurately manipulating the front door and accurately operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the above cargo vehicle in front of the above cargo vehicle, and let the passenger vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

Ultimately, the Defendant caused the victim G to suffer salt, tensions, and hair straws in need of approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer with respect to E, and a G statement;

1. A survey report on actual condition and an accident scene photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of the medical certificate (G);

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. The number of reasons for sentencing under Article 62-2 of the Criminal Act, the measurement of drinking alcohol, and the fine for driving under drinking on February 7, 2017.

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