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(영문) 대구지방법원 김천지원 2013.12.18 2013고단1334
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

On August 6, 2013, the Defendant, as a business of around 16:25, driven B observer car with a blood alcohol concentration of 0.116%, and proceeded from the Kimcheon-si, the front side of the Nongju Oil Station in the Dongcheon-si, Kimcheon-si, along with one lane in front of the Agricultural Cooperative Oil Station in the Dongcheon-si, Kimcheon-si. However, while driving a scump truck in the drinking state while driving a scump truck in the drinking state while driving the scump truck in the opposite part due to the occupational negligence of the victim C (59 years old) who driven the central line while driving the scump truck in the opposite part of the scump truck.

As a result, the Defendant suffered approximately 12 weeks of knee knee knee knee kne knee kne knee knee knee knee knee knee knee knee knee knee knee knee knee knee

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Reports on the occurrence of traffic accidents, reports on driving of drivers, and actual status survey reports;

1. Application of Acts and subordinate statutes to investigation reports (including submission of medical certificates);

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had been punished twice due to drunk driving, but he/she also drives under drinking while driving, and the fact that he/she was faced with the center line while driving the vehicle and inflicted an injury on the other vehicle driver and the same passenger.

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