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(영문) 대구지방법원 안동지원 2014.12.30 2014고단853
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 March 18, 2014, the Defendant, who is engaged in driving Category B car, driven the above vehicle while under the influence of alcohol level of 0.146% on March 21, 2014, and driven the national highway No. 100 m. 36m2 on the front line of the Yancheon-gu, Seocheon-gu, Jincheon-gun, Jincheon-do, in the speed of 80 km each other between the two-lanes.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance by safely driving along the lane by taking into account the traffic situation on the front side.

Nevertheless, the Defendant neglected this, while driving a stroke while driving on a stroke, and proceeded by negligence, collisioned the left-hand separation zone on the left-hand side, and plucked down the retaining wall to the right-hand side, and transferred it back after collision.

Ultimately, the Defendant suffered injury to the victim C(the age of 46) who is the passenger of the Defendant’s driver’s vehicle due to the foregoing occupational negligence, such as the combination of the left-hand le executives in need of approximately 12 weeks medical treatment, the right slele and the pressure of the leaving-off executives.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a medical certificate (Evidence No. 19), and a report on detection of a host driver;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 sound driving and the choice of imprisonment) concerning criminal facts;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Education and the Order of Community Service [the scope of recommendations] shall be the basic area ( April to October) of the first type of traffic accident (the injury resulting from traffic accidents).

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