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(영문) 대구지방법원 의성지원 2014.10.16 2014고단207
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 20:40 on August 17, 2014, the Defendant driven a motor vehicle for gallon with a blood alcohol content of about 0.205% at a section of about 2km to the front Dog-gun located in the West-gun, Gun, and Eup located in the same Eup/Myeon located in the West-si, Gun, and Dong-gun.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a gallon driver car.

On August 17, 2014, the Defendant driven the above car at around 20:40, and led the Do-gun to organize the Do-gun in order to go to the Do-gun in order to go to the Do-gun in order to the Do-gun.

At the time, it was night and rained, and there was a road where the center line of yellow-ray is installed, so there was a duty of care to observe the car line and safely drive the vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, while driving under the influence of alcohol as stated in Paragraph 1, and caused injury to the victim, such as dump dump dump dump and tension, which require approximately two weeks of treatment, following the left side of the victim E (the 35-year-old driver) drive F or other car, and following the left side of the victim E (the 35-year-old driver) drive, the bump part in front of the left side of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes requesting appraisal, such as a survey report on actual conditions, photographs related to accidents, reports on detection of drivers by each host driver;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment), Article 3 (1), (2) (proviso) 2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 (1) of the Criminal Act (the occupation of occupational injury, the choice of imprisonment without prison labor)

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act is heavier;

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