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(영문) 대구지방법원 김천지원 2018.02.22 2017고단1717
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

On May 9, 2017, the Defendant, while under the influence of alcohol level of 0.128% among the blood transfusion around 05:45, 000, driven the Grand Sheet, and led to the intersection of the four-distance distance distance from sewage treatment site in the old-si industry as the ebbbbur from the gold market room.

Since the location was a remote crossing where signal lights are installed, there was a duty of care to safely drive the vehicle and prevent accidents in advance by safely driving the vehicle in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant got a full side of the right side of the victim C's lurburg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lurg lur

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition and photographs of the place of accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 1, 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving alcohol 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures: Violation of signals and violation of the central line of drinking is driving, causing a traffic accident, and the degree of alcohol concentration in blood is high, and the person who has been punished several times due to drinking driving and refusal to measure drinking.

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