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(영문) 대구지방법원 포항지원 2015.05.14 2014고단1385
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 21:50 on October 31, 2014, the Defendant, while under the influence of alcohol at 0.117% of blood alcohol level, driven a C-crack vehicle in the section of approximately 500 meters from the front of the restaurant “Pogbbbing machine” located in the north-gu B-dong at one port to the front of the bus depot located in the same Dong.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) while trying to overtake the said vehicle while driving the said vehicle on the front side of the said bus garage at the time and time set forth in paragraph (1) and driving the said vehicle along the three-lane distance from the two sub-sections to death; (b) while excessively operating the steering gear and driving the steering gear at a one-lane from the occupational negligence affected by the median of the central line; (c) took the left side of the said vehicle driven by the victim D while driving the said vehicle on the left side of the Defendant’s vehicle for about four weeks; (d) had the victim F, who is the passenger of the damaged vehicle, receive approximately six-day treatment for about six weeks, the victim G, who is the passenger of the damaged vehicle, suffer conjectional dume, requiring approximately three-day treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A report on traffic accidents and a report on actual condition;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (number of examination days in D);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against F with the largest criminal situation);

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Imprisonment without prison labor;

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