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(영문) 대구지방법원 2018.12.13 2018고단3985
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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, at the Daegu District Court on September 18, 2009, issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act, and on July 21, 2010, issued a fine of KRW 3 million to a person who violated the provision on prohibition of driving under the influence of alcohol on at least two occasions by the same court due to the same crime, etc.

The defendant is a person who is engaged in driving a D or Muscom.

On August 28, 2018, while under the influence of alcohol 0.089% in blood, the Defendant driven the above marbing vehicle with a alcohol level of 0.089%, and went into the rear door of the apartment house of the YY-gu Northbuk-gu, Daegu-gu, by neglecting his duty of care to thoroughly drive the front door of the marb. When the Defendant neglected to exercise his duty of care to thoroughly and safely drive the marb, the Defendant caused the Defendant’s injury, such as the mar and tension of the victim F (F, South, 42 years old), a stop in front of the direction of the marbing in front of the Defendant’s running.

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. A medical certificate;

1. Written inquiry about criminal history, etc.;

1. Application of each of the Acts and subordinate statutes in one copy of the investigation report (Attachment of the same force judgment, etc. to the suspect) and the text of the judgment;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 148-2 (1) 1 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. Standard for sentencing of the grounds for sentencing under Article 62-2(1) of the Criminal Act [the scope of recommending punishment] of the General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (4 months to one year) is the basic area (special mitigation (special mitigation).

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