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(영문) 대구지방법원 의성지원 2015.09.03 2015고단109
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

The defendant is also a person who is engaged in driving a car.

1. On April 2, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) was in the direct control of the Ganri-ri District, Gyeongsan-si, Gyeongsan-si, Gyeongsan-si, Gyeongju-ri, Gyeongju-ri, Gyeongju-ri, Gyeongju-ri, Gyeongju-ri, Gyeong-ri, Gyeong

The driver has a duty of care to operate safely by accurately manipulating the steering gear and the brake system on the right side.

Nevertheless, the Defendant neglected to do so, and neglected to perform his duties at all times while under the influence of 0.108% of blood alcohol concentration, thereby falling the above vehicle on the left side of the proceeding direction.

Ultimately, the Defendant entered a cage cages cages, which require eight weeks of medical treatment to the same passenger C (Nam, 51 years of age) due to the foregoing occupational negligence.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.108% at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Photographs;

1. The application of diagnostic documents-C legislation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, 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, the choice of imprisonment);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the punishment shall be increased by the concurrent crimes stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but the punishment shall be imposed by imprisonment: Provided, That the lowest sentence of the punishment shall be determined by the crime of violating the Road Traffic Act);

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

1. Reasons for the sentencing of Article 62-2(1) of the Criminal Act for providing community service and attending lectures (the scope of recommendations) are general traffic accidents.

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