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(영문) 대구지방법원 서부지원 2018.11.02 2018고단966
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) Defendant is engaged in driving cars manufactured by Bomba.

On September 21, 2017, the Defendant driven the said car under the influence of 0.142% alcohol during blood alcohol during the influence of around 23:30 on September 21, 2017, and led the Defendant to drive the said car at a speed of 346-3 lanes in front of the regional heating construction works in the four-lanes from the four-lane boundary line to the four-lane boundary line in the four-lane boundary line.

The Defendant was negligent in proceeding along the opposite lane beyond the center line of yellow domin line in alcohol, and the front part of the D SP car driven by the victim C (22 tax) who was driving in the opposite direction, was driven by the Defendant.

As a result, the Defendant suffered injury, such as a fresh fresh fresh, cresh fresh, etc., which requires approximately eight weeks of medical treatment due to the above occupational negligence.

2. Defendant 1 driven the car of the halog 1.5 meters alcohol level from the road located in the Seogu-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City, Seowon-do, at the time indicated in the above 1.5km to the road in front of the accident site described in the above 1.5km to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the selection of a person injured by or injured by duty or by imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act 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. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant caused a traffic accident by driving the drinking of this case, and the drinking volume is high.

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