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(영문) 대구지방법원 의성지원 2014.07.17 2014고단120
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 05:20 on May 17, 2014, the Defendant driving a Bbeer or a car while under the influence of alcohol of about 0.143% of the blood alcohol concentration at the section of about 45km from the Do near the mutual infinite-si, Sinsi-si to the spoke-si in the flow of the Gyeongsung-gun, Sungdong-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B B B B B or a car.

On May 17, 2014, the Defendant driven the above car at around 05:20, and led to the flow of the 5th city map of the Sosan Hot Spring which is located in the Yongyang-gun of the Sungsung-gun of the Gyeongsung-gun of the Gyeongyang-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the military.

At the time, there was a duty of care to prevent accidents in advance by thoroughly monitoring the duty to stop the vehicle's driver and observing the signal through night and a bend road along which the signal is installed.

Nevertheless, under the influence of alcohol as set forth in Paragraph (1), the Defendant neglected it, while driving D 4.5 tons of freight 4.5 tons driven by the injured party C (year 46) and was found later and was found later by negligence to the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a traffic accident occurrence report, a report on actual condition survey and field photographs, a report on the actual condition of a driver, and a medical certificate;

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

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

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